Introduction Employment categories exist to classify workers in a variety of fields and disciplines. The incorrect classifications of workers have legal as well as financial repercussions to a company should a grievance be filed with the Equal Employment Opportunity Commission. Employee Establishing employment types are essential in determining the legal compliance and responsibilities that an employer must comply with based on federal law. The first type of employment category is establishing if someone performing work is an actual employee. Title VII of the civil rights act of 1964 defines an employee as someone who performs work for an employer (Walsh, 2012). While this is a vague definition of what constitute an employee, it is a …show more content…
Independent contractors are free to use their marketable talents for several organizations. They are contracted for short periods to complete work that is not a part of the essential functions of the business that it would need to be a daily or ongoing relationship (Marsh 2012). In disputes, the status of an employee verses an independent contractor the burden of proof fall to the employer to validate the relationship. There are several test that the court have done in the pass to test the relationship with a business. The economic reality and common law test. There is an overlap between the two tests; the common law test stresses the right of control what part of the work performed whereas the economic reality test stresses the market and look at probability of the worker in business for themselves. The advantages for being an independent contractor are the job market profitability and income potential created by self-employment, the control over individual future and being able to make all of the decisions about the work performed. Some disadvantages, of being an independent contractor are instability of income, expensive benefit plans, and financial resources to compete, purchase equipment and liable for financial risk of company. Temporary Worker Temporary workers are worker that are hired by an employers to perform a task or assignment temporarily. These workers are typically not covered by the employer benefits plans are not
Employers that base employment decisions, including hiring and promotion, on protected class characteristics are engaging in disparate treatment. When they do so overtly and argue that it is necessary to limit a particular type of employment to people with specific protected class characteristics, this type of disparate treatment is termed a facially discriminator policy or practice. An important, but limited, defense is available to employers that adopt facially discriminatory requirement is legal. If an employer can show that a particular protected class characteristic is a bona fide occupational qualification (BFOQ) for the job in question, the facially discriminatory requirement is legal. According to the Title VII of the Civil Right Act,
employed by an agency; a home worker ; a part-time worker ; a casual worker ; a pieceworker ; a worker on a short-term contract
 Misclassification of workers. Employers can either classify workers as independent contractor or misrepresent the work performed, which places workers in a less hazardous occupational category. Both of these tactics are intended to avoid or reduce premiums.
EEO states which is that EEOC is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person 's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
Employers have legal obligations, when drawing up a job description. The law states that employers must not discriminate against a persons, age, race, sex, religion or disability.
* 3 different types of employment status and 3 reasons why it is important to clarify/determine an individual’s employment status
Three different types of employment status are an employee, a worker and self-employed. An employee can be part-time, full-time, permanent or temporary. They will work under a contract of employment which can be written or verbal. They have full rights. All employees will be workers but not all workers are employees. Workers do still have some rights. Workers will be working under various contracts. Workers do have part rights. This is one
Understanding your employment status is the first step to finding out what rights and protection you may have at work. Each type of employment status has different legal rights and will determine your rights at work.
Employee – this is the most common status and applies to the largest group of people within the workplace. You are defined as an employee if you are working under a contract of employment. Your employer is obliged to deduct income tax and national insurance contributions from your wage before paying you. You are entitled to all minimum statutory employment rights including statutory sick pay and statutory redundancy pay.
Temporary contracts, like fixed term contracts are usually contracted for a specific period of time. Temporary workers can be seasonal, contractors/freelancers, casual and/ or agency workers.
The definition of 'employee' and 'worker' differs slightly from one area of legislation to another, but generally workers have less rights
It is certainly true that the current law defining the employment status of ‘workers’ is uncertain, as it is wholly inflexible to deal effectively with cases of non-standard forms of employment, atypical workers, for example: agency workers, part-time workers, fixed-term workers, as required workers and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in relation to this area of the law.
Employee Behaviour Works Cited Missing Introduction To organizations, humans are wonderful resources, because they are compact and multi-purpose, capable of simple manual tasks or dealing with complicated machines. However, there is a problem - how to get employees work effectively and productively? Is their behaviour just a reflection of individual differences?
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.
1. those who are engaged to perform necessary or desirable activities for trade of employer, except when employment is fixed for specific term or project