Practical and Legal Challenges in Employment Relationship Management
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This report analyzes the practical and legal challenges faced by organizations in managing their human resources. It also provides recommendations for Balfour Beatty PLC in context to employment relations issues.
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HRM Oral assessment and presentation 1
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Table of Contents INTRODUCTION..........................................................................................................................3 The practical and legal challenges in management of the employment relationship within the workplace.....................................................................................................................................3 Recommend set of employment relations issues.........................................................................6 CONCLUSION...............................................................................................................................7 REFERENCES................................................................................................................................8 2
INTRODUCTION The employment relationship is legal binding/ link between the employees and employer of an organization. This relationship emerges when an individual works under various terms and conditions in return for some remuneration(Budd and Bhave, 2019). When the employees are not satisfied with the provided remuneration for their work, it creates issues of wages & salary and various other issues which can affect the working or performances in an organization. It can lead to various management conflicts. The 4 Pillars of employee Relations are Communication, Recognition,FeedbackandInvestmentinemployees.BalfourBeattyPLC.isaBritish infrastructurecompanywhichprovidesserviceslikeconstruction,supportservicesand infrastructure investments in various countries. This report will analyse the various practical and legal issues that the organizations face in the management of their Human Resources. The recommendations for the same issues in context to Balfour Beatty PLC. will be also discussed. The practical and legal challenges in management of the employment relationship within the workplace The company is planning to open its subsidiary in Germany. There can be a number of practical and legal challenges which can affect employee relationships at the Balfour Beatty. These issues can affect the performance and working of the employees (Dieuaide and Azaïs, 2020).Some of the issues that can be faced by the management of an organization are Conflicts between employees: Every organization comprises of employees from diverse cultures, beliefs, values and thinking.With these variations conflicts at a workplace are inevitable(Catley and et.al., 2017). One of the factor of these conflicts can be that the organization's hierarchy is formulated in such a way that the employees cannot communicate with each other.When these misunderstanding are created then the employees will not be willing to work with each other and the organization will face an unhealthy competition among the employees themselves. Work life balance issues: 3
With the excessive workload, the employees might not get time for their personal life. The reason for this imbalance can be that there organizational objectives does not match with their personal objectives.When employees cannot balance their personal life with their professional life, they will feel stressed and demotivated(Williams and Kumar, 2018). Discipline issues: The most common rules breached by the employees are unauthorized absence and misuse of emails or internet provided at workplace (Badubi, 2017).The other issues can be poor time keeping or poor performance of the employees. Issue of Safety at workplace:The company is dealing in construction business, which itself is a dangerous work. The other country have different equipments to work upon and employees might not be familiar with those equipments. This can cause a lot of trouble to the company in safety of the employees (Lal, Sahu and Mishra, 2021).The organizations where the employee does not feel safe, they will tend to be take frequent leaves. Annual Leave disputes: Every company have different leave structure. So many times the employees can get confused about those complex structures and that can cause disputes at the workplace. Leave policies that Balfour Betty have in UK might not comply with the leave structures in Germany. This can cause a lot of disputes between the employees.This can also affect the coordination between the employees of both the companies. Technological Issues: Duetodynamicworkingenvironment,theorganizationmayneedtochangeits technology for keeping up with market trends (Rogers, 2020).The company is trying to set up its subsidiary in Germany, which much more advanced than the headquarter country. The employees might not be able to cope up with the working environment in the subsidiary company. This will create hurdles in achieving organizational objectives and thus the working and decision making of company will be delayed. Hour and wages issues: 4
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Due to overtimes and time management issues employees can often create dispute over their pay-checks. The managements with no HR softwares have to manually check the time and attendance sheet records to check the daily details.This is a long process and the issues can increase in between that time.The softwares used for this process might be different from the subsidiary company's softwares. The employees who are not trained will become unable to coordinate with those softwares (Messenger, 2018). Unfavourable working environment: If the environment of the organization is not suitable is uncomfortable then employees are most likely to take leaves. This will also impact the working and performance of the employee at workplace.The basic facilities provided by the head company can be different in subsidiary company. The disputes can arise in this working environment. The employee might feel they are not getting the facilities as the other employees are getting in other companies. Timekeeping and Attendance issues: The issue of attendance maintenance is more common. The traditional systems of attendances carried out on registers can be misleading. It often contains errors.The traditional systems also lacks in managing the time in which the employees have to achieve their objectives. Job dissatisfaction: If the employee is not satisfied with his work in the company, he will not put any efforts to achieve the goals of the organization (De Clercq and et.al., 2019).The job dissatisfaction of the employee can lead to absenteeism and employee turnovers. Whistle blowing issues: Social media is considered as a part of job nowadays. Any behaviour of employee which is considered as unethical or disloyal to the employer is non-tolerated in the organization.If the posts made by employee on the social media networks harms the company in any way, then the employee is responsible for his own actions. Privacy disclosure issue: 5
Every company have few works, policies or documents that are meant to be kept private. Employees can disclose these issues which can harm the company in various ways.most of the new products/ innovations by the company gets leaked through its employees. Diversity and conflicts: The diversity of employees in context of cultures, religions, beliefs, values and thinking working under one roof can become reason for conflicts among them.When the organization fails to manage the diversity of its employees it will reflect in their poor performances at work (Shepherd and et.al., 2019). Immigration laws and Visa holders in the workplace: Every employee is to be given the same employment rights even if they are holding visa or not;Even when the employee breach contracts the organization cannot cancel their visa. Communication Challenges: If the channels of communication are complex, the employees will hesitate to work with each other at work. Communication become a barrier due to cultural and language changes.Poor communication will become a barrier in achievement of the objectives of the organisation. Health and Safety laws: Both the country's safety laws are not much different from each other. But it is necessary for the chosen organization to maintain various laws.Non compliance of these issues will trigger actions. Employer's Liabilities Laws:It will contain all the constraints on which the company is liable to its employees. When the company does not keep up with these laws the employee can file suit on the company. Harassment Laws: Protection from Harassment Laws states that if anyone involved in harassment of employee at workplace can be prosecuted in the court and is punishable when found guilty.These issues can harm the reputation of the organization. Discrimination laws: 6
According to these Laws, it is considered illegal to discriminate a person based on the factors like age, gender, disability, race, religion, and marriage, etc. Minimum Wages Laws: This Act creates a minimum amount of wage rate that the every organization is obelized to pay to its employees. Balfour Beatty have to change the wages rates according to the changing rates in the subsidiary company's country. The rates defined by the Act can be changed by the government as per the economic conditions of the country. The company must work complying with these conditions and have policy regarding this Law. Recommendations in context of employment relations issues There can be a number of conflicts that can arise in the organization. These issues if not resolved, can lead to poor performance of employees at workplace. To reduce or prevent these issues from emerging at Balfour Beatty's subsidiary at Germany, the company can consider the following recommendations To resolve the issues of employee conflicts in Balfour Beatty, the company should encourageopencommunicationsystembetweentheemployeestoreducethe misunderstandings and grievances between them. The company should adopt a system where the employees can share their concerns and suggestions anonymously. It will allow them to share their concerns without any fear. This will make the employee feel like their issues are being heard and resolved. Thechosenorganizationshouldprioritizehealthandsafetyoftheemployeesat workplace. The equipments and machinery installed should be maintained regularly and the employees working on them must be trained before employing them on those equipments and machinery. The appropriate security measure must be installed within those systems (Simpson, 2021). A policy must be created which will containthe allowance of overtime hours up-to which the employees can work, so they feel do not feel fatigued or tired.This can also help in deducting the rescheduling of work again and again (Weil, 2018). The chosen organization needs to ensure that their policies are in compliance with the given State and Federal Law of Germany as well as with accordance to the Laws of UK. 7
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To minimize the risk of leave disputes, the organization must explain the leave structure to the employees in their orientation program so that they have clear idea about the leave policies. This will leave no room for creating any disputes at the workplace regarding their leaves from work. The organization must consider the leave management softwares. It will help the management in creating a legal and clear leave structure and policies that will put an end to the disputes providing that every employee has access to that software. Germany is much more advanced in technology than UK. The employees of UK might be unable to operate the advanced technologies in Germany.So to cope up with this issue, theorganizationneedtoprovidenecessarytrainingprogramstoitsemployees. Otherwise, the employees will not be able to achieve the goals of the organization (Oeij, Rus, and Pot, 2017). Every employee must be trained according to the technological developments upgraded in his workload and to use the various HR software which are used by companies in Germany. The organization can implement various HR software or self service time keeping software that can help track and monitor time and hours of work to the employees and the management that can work in bother the countries. The company can provide training to its employees regarding using the software of both the countries. It will also help them in scheduling and preventing unnecessary overtime. These software will also help in creating fair wages and salaries of the employees. The organization must create the work environment compatible to employees that ensures the basic facilities like water, ventilations and light. The environment should be cooperative and team spirit must be focused there. This will ensure that employees do not take frequent leaves (Cobb, 2017). To reduce this issue, the company needs to implement bio-metric or other softwares that can help in tracking the time-in and time-out made by employees from the workplace. If the employees have any issues then they can communicate about those issues from their devices or the software directly.This will also provide them the ideas regarding their pending work and delay in those works. 8
The chosen Organization can implement the rule of punishment if the discipline of the company is breached in any situation. The company will link its objectives with the personal objectives of the company so that employees are motivated to work. The company can also develop Personal Development Plans for the employees through which their personal and professional growth can be maintained significantly (McLellan, 2017). The company will be connected to the social media accounts of its employees in order to consider it as a reference check of the employee. The company must get the document of privacy and disclosure signed from its employees with mentioning the legalities to be charged if the contract is breached. The company must take out insurance against accidents and illness of employees so it can keep up with the various Employer's Liabilities enforced by the government (Lockwood, Henderson and Stansfeld, 2017). By following the Health and Safety Laws, the organization must consider setting up the emergency procedures, providing training programs to the employees, provide experts to help them in installing he arrangements for risk assessment and control. The company must formulate a policy regarding the discriminations and the harassments faced by employees at workplace (Becton, Gilstrap and Forsyth, 2017). The chosen company must provide the remunerations in the forms of wages and salaries in compliance with the National Wages Rates set by the governments of both the countries accordingly. The company's management must be trained well to manage cultural diversities at the workplace (Novak and et.al., 2017). The organizationmust createa grievanceredressalcommitteeinthe organization separately which can resolve issues without any biasness. Communication channels must be open and easy for all the employees at all the levels of management. The company will formulate the policies regarding temporary work or the visa holder workers in prior to their recruitment, so that they can take appropriate actions if the contract is breached under any circumstances. 9
CONCLUSION It can be concluded that the employment relations are the legal bindings between the employees and employers of an organization. They are an integral part of the organisation. The relationships between the parties exists when the employee agrees to follow certain criteria and renders his performance or services in exchange for remuneration provided by the employer. There are 4 pillars of employee relations; communication, recognition, feedback and investment in employees. There are various issues that an organization faces in the management of its employees such as conflicts, compliance to various laws, work life issues and salaries issues etc. Various recommendations like prioritizing the health and safety, providing basic facilities, various policies of harassment and discrimination at workplace for the employee are given in context of Balfour Beatty PLC. The organization will follow the set of these recommendations to avoid/reduce various issue of employee management at its workplace. 10
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REFERENCES Books and Journals: Badubi, R.M., 2017. A critical risk analysis of absenteeism in the work place.Marketing.2(6). pp.32-36. Becton,J.B.,Gilstrap,J.B.andForsyth,M.,2017.Preventingandcorrectingworkplace harassment: Guidelines for employers.Business Horizons.60(1). pp.101-111. Budd, J.W. and Bhave, D.P., 2019. The employment relationship: Key elements, alternative frames of reference, and implications for HRM.The Sage handbook of human resource management. Catley, B. and et.al., 2017. Workplace bullying complaints: lessons for “good HR practice”. Personnel Review. Cobb, E.P., 2017.Workplace bullying and harassment: New developments in international law. Routledge. De Clercq, D. and et.al., 2019. The relationship between workplace incivility and helping behavior: roles of job dissatisfaction and political skill.The Journal of psychology.153(5). pp.507-527. Dieuaide, P. and Azaïs, C., 2020. Platforms of Work, Labour, and Employment Relationship: The Grey Zones of a Digital Governance.Frontiers in Sociology. 5.p.2. Lal, A., Sahu, K.K. and Mishra, A., 2021. Workplace safety: both physical and emotional.Acta Bio Medica: Atenei Parmensis.92(2). Lockwood, G., Henderson, C. and Stansfeld, S., 2017. An assessment of employer liability for workplace stress.International Journal of Law and Management. McLellan,R.K., 2017. Work, health,and worker well-being: rolesand opportunitiesfor employers.Health affairs.36(2). pp.206-213. Messenger, J., 2018. Working time and the future of work.ILO future of work research paper series. Novak, J. and et.al., 2017. Do effective workplace relationships with management and an effectivemaintenancecultureaffectorganisationalsafetyoutcomes?.Reliability Engineering and System Safety Journal. Oeij, P., Rus, D. and Pot, F.D. eds., 2017.Workplace innovation: Theory, research and practice. Springer. Rogers, B., 2020. The Law and Political Economy of Workplace Technological Change.Harv. CR-CLL Rev.55.p.531. Shepherd, S.M. and et.al., 2019. The challenge of cultural competence in the workplace: perspectives of healthcare providers.BMC Health Services Research. 19(1). pp.1-11. Simpson, K.R., 2021. WorkplaceSafety.MCN: The American Journalof Maternal/Child Nursing.46(4). p.243. Weil, D., 2018. 9. Income Inequality, Wage Determination, and the Fissured Workplace. InAfter Piketty(pp. 209-232). Harvard University Press. Williams, N. and Kumar, S., 2018.Managing Obesity in the Workplace: Turning Tyrants into Tools in Health Practice, Book 3. CRC Press 11