Human Resource Management and Employment Law
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Added on 2020-05-28
Human Resource Management and Employment Law
Added on 2020-05-28
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Running Head: Human Resource management1Human Resource management
Human Resource Management2Introduction:Employment Legislation is the law which mainly regulates those persons who work within theworkplace. Therefore, it can be said that this legislation directly influences the employers,employees and unions. The main role of employment law is to govern the relations of thoseindividuals and groups who are engaged in the work, and also to make rules for various aspectsof employment. These aspects included rules for individuals who can be employed or whocannot be employed, how employers can offer job, treatment of employees during the process ofengagement, terms and conditions under which employees and employer can conduct their work,duties own by employer towards employee and vice versa, and rules for terminating theemployment relationship. It must be noted that scope of this legislation is very wide and it coversvarious other matters also such as treatment with employees, discrimination, unfair practices etc.(Human Resource institute of New Zealand, n.d.). Employment legislation is important for business organizations, but it is also considered ascontroversial law because of its impacts on business and public. This paper defines the pros andcons of the legislation which governs the relationship of employment. For this purpose weconsider both, importance of employment legislation and also the adverse impacts of thislegislation on business and individuals. Lastly, paper is concluded with brief conclusion. About employment legislation:Employment law is also known as the labor law which mainly directs the relationship betweenthe workers, employing entities, trade unions and the government. Generally, labor law dealswith the triple relationship that is relationship between employee, employer, and the union.Various provisions are considered by the labor law such as rights of the employees at workplace
Human Resource Management3and through the contract of employment. It must be noted that standards of employment law arethe form of social norms which defines the minimum socially acceptable conditions under whichemployees and contractors are allowed to work. This law was enforced by various governmentagencies legislative, regulatory, or judicial. Labor law developed with the industrial revolution, because relationship between worker andemployer was changed from small scale operations to large scale factories. Workers demand forbetter working conditions and ask for the right to join the labor union, and employers preferredmore predictable, flexible and less costly workforce. Therefore, this type of law was developedfrom the struggles conducted between various social forces.This section states the important areas of employment law in Ireland which directly affects thebusiness organizations and individuals. Statute law and decision of the Courts influence almostall aspects of relationship between employee and employer such as from recruitment through toretirement. It must be noted that, in context of Employment law Ireland is considered as mostregulated area in Europe (Fry, 2013). Pros of Employment legislation:Employment law is the law which regulates the relationship between the employer andemployee, and for this purpose various authorities at local, state, and federal level is incorporatedwhich ensures that proper law is put in the place. Employment law is considered as veryimportant law because it ensures the protection of both employer and employee. On larger scale,employment law ensures the benefits of whole society at both social and monetary levels.Employment legislation has various benefits, and some of these benefits are stated below:
Human Resource Management4Protection of Employee- Generally, employees and employers are operated under therelationship of master-servant, in which it is expected from employee that he performs his dutieson the basis of the instructions given by the employer and only for the good of the employer.However, in case employers left unchecked than it might be possible that they misuse theirpower against the employee. For the purpose of balancing the master-servant relationship,various Acts are introduced by the government such as National Minimum Wage Act 2000, theProtection of Young Persons (Employment) Act 1996, the Protection of Employees (Part-TimeWork) Act 2001, etc. These acts are introduced for the purpose of ensuring the protection of theemployees against any abuse or discrimination. Employment law in Ireland ensures variousrights for the employees such as fair procedures, fair wages, equality at workplace, safe andhealthy working environment, etc (Matheson, 2017). This can be understood from the example of Shedan Limited, in which one of the employee ofShedan named as Kristina Kukstaite alleged that she suffer racial discrimination and when shemade complain in this regard she face constructive dismissal. In this matter, WorkplaceRelations Commission (WRC) ordered €14,000 as compensation in context of racialdiscrimination and constructive dismissal and €20,000 for victimization (CIPD, n.d.). Protection of Employer- the main aim of employment legislation is not to end the master-servant relationship, but it’s main purpose is to get equality between these relationships and alsoto ensure that all the individuals get similar opportunities to initiate or end this relationship. Onthe other side, this law also ensures that people who engaged in the business must get theopportunity to conduct their business in such manner as it ensures profit. Therefore, various lawsintroduce which ensures protection of employers as well. For example- employers has right toreject the individual if such individual does not possess required qualification and employer also
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