foundation of HRM

PA402: Employment Law Unit 3: The Employment Relationship - Shewin Memorandum Your Course Project: Read About the Shewin Memorandum

We need employment law to comply with each relevant legislation. These laws regulates to the relationship between employee and their employer to ensure that they comply with the processes of hiring and equal pay, fair disciplinary/dismissal procedures along with other work placed regulations.

All Learners need to know that employers and employees have a range of statutory responsibilities and rights under Employment Law and that employment can be affected by other legislation as well. 1.1 Contracts of Employment1

It is important to establish the nature of the employment relationship as this is key to determining the employment rights to which an individual is entitled. In employment law a persons employment status helps determine;

A fixed term contract employee is someone that will work for the organisation for a period of time, this could be for a certain project, maternity cover or at a peak period for the business. The organisation will provide an employee with a contract stating the purpose of the role with start and end dates

An employment relationship describes the dynamic, interlocking economic, legal, social and psychological relations that exist between individuals and their work organizations. Palgrave Macmillan (2013), Glossary [online] Available at: < http://www.palgrave.com/business/brattonandgold/glossary/glossary.htm> [Accessed 17th September 2013]. Factors that impact on this relationship both have a detrimental effect to the running of a business. I will focus on two internal and two external. These being:

According to (Bray, Waring, & Cooper, 2011), the first strength of pluralist form of employee relationship is that it diffuses of power among the bargaining parties in that no party has total control over the others. This relationship involves people with different goals, aspirations and interests, which differentiate them from each other. On the other hand, the power and the authority of the groups involve have similarity to an extent that no sole party can control the others. This form of relationship leads the employees to be exempted from suppression by the employers. Employees or the management, on the other side, should not anticipate suppressing any opinion or ideas of the employees that might conflict with other organizational goal. This form of employment relationship mainly aspires to unite conflicting opinions, ideas and goals, thus, keeping the conflict within a considerable and acceptable bound. As a result, in any case the conflict cannot interfere with the organization goal of the

Employers must respect the role of the union as the only and restricted agent of the employees. Respect between the employer and the union, on behalf of its employees, is the key to a successful relationship. The association between parties must adhere to the employer 's exclusive right to manage its operations and to direct its workforces. Both parties must identify and acknowledge their respective rights and obligations under labor and service legislation and, under a cooperative agreement, the rights and duties of the employees covered by this agreement (HR in an Unionized Workplace).

Employment relation is one of the vital and critical parts of HRM. For making an effective and healthy relationship between employers and employees, it is important to understand the perception of employment relations along with its importance in an organisation (Wang & Chen, 2005). Thus, if an organisation fails to understand its significance of employment relations and unable to manager employer and employee relationship efficiently, this might lead to impact on the organisation power and will deter its strength and profitability. According to Singh (2011), employee relations is basically a study of regulations, agreements and rules through which employees are accomplished with collective and individual group, importance imposed to individual

(Rousseau 1995) argues that transactional and relational aspects are present in most employment contracts and that it is the length of time that the employment is expected to last that usually identifies relational from transactional contracts, with short term

The exchange relationship between organisation and employee ranges the entire contract spectrum from strictly legal to purely psychological (Spindler 1994). Many aspects of this relationship are shaped by legislation, enterprise agreements and/or an employment contract signed by the employee detailing issues such as hours, salary and benefit plans. However, other aspects of the employment relationship are likely to be confined to the subconscious (Spindler 1994).

Besides, power imbalance between employer and employee in the workplace seems to be unavoidable. As noted by Wilkinson et al. (2014), employees are citizens who have the right to be informed and consulted; therefore, the aim of employee voice is to communicate with management and express employees’ concerns about their work situation. Nevertheless, in recent years, decreasing union density has gradually shifted the form of voice in most organisations and countries from collective and unionized channels to direct and individualized mechanisms (Wilkinson et al., 2014).

The issues of industrial relations come from the early times. Today, these issues form part of the day to day management activities within private, public and all other types of organizations. Week in week cases are made at industrial courts that related employer employee relations matters. The statutory instruments such as industrial relations laws, dispute acts, public service acts, disciplinary hearing procedures, processes and standards to manage the conditions of service between the employer and employees. Mary Davis reminds the world of some odd scene that took place in 1834, otherwise commonly

Laws Of Employment : Having a better understanding of employment laws could help the business and the employees better to understand the rights of the employees.

The history of HRM had its beginnings in the early 1800s in England. In the pre industrial era, the apprentice worked and lived in close proximity with the master craftsman who looked after his needs. During the Industrial Revolution in the 18th century, manufacturing underwent a sea change when machines were used in large factories to manufacture goods. Later, in the 19th century, Frederick W. Taylor propounded the theory of scientific management that studied workflows scientifically to improve economic efficiency and significantly improve labor productivity. Taylor recommended that the combination of scientific management and industrial psychology of workers. Taylor proposed that workers should be managed not only for