Employees engage themselves in certain activities that are secured by the laws & social sanctions on the basis of the employee rights. The relationships of the employees with the management of the organization are secured by certain Federal & State government laws. The wrongful treatment by employees is also protected through the courts. There are a number of employee rights that are all secured by different laws & regulation.
The Human Resource Management area of the organization is governed by many laws and regulations that help set, maintain & protect the employee rights. There are laws of discrimination that facilitates the employees to work without being judged according to the factors that are not related to the job like sex, religion, race etc. The employees can claim a certain level of basic compensation from the management of the organization in the light of the minimum wage legislation. Labor laws allow employees to become members of specific unions under certain conditions.
Types of Employee Rights
- Statuary Rights
The statuary rights are those rights that prescribed through certain laws. These laws are as follows.
- Civil Rights Act
- Occupational Safety & Health Act (OSHA)
- National Labor Relation Act (NLRA)
The employees in the organizations are protected through these laws from discrimination, right to join union & safe working conditions.
- Contractual Rights
The terms & condition of the employment is written in detail in an employment contract. There are certain issues that are mentioned in these contracts like due process, seniority & wrongful discharge. There are also some additional contracts called implied contract that are other than the written ones. Implied contracts include the following.
- Employee handbook
- Employment policies
- Statements made by the manager or interviewer
- Other Rights
There are certain employee rights that are other than statuary & contractual like rights of limited free speech, ethical treatment, limited privacy etc.
Managers Influence on Behaviors & Climate of the Organization
Following are some ways that are adopted by the managers & supervisors in the organization to make the climate & behavior fair.
- Trust should be developed by taking certain action like being good in commitments and sharing useful information with other employees.
- The actions of the managers should be consistent so that employees are not astonished by the unexpected decision & actions of the management.
- The managers should not make lies with the employees and neither should they show any kind of unfair impression for the manipulation of others.
- The managers must show concern for others & keep confidences for maintaining their integrity in the organization.
- The employees should be properly communicated about the expected work that they have to perform.
- All the employees in the organizations should be treated fairly & there should not be any kind of special discrimination in giving rewards to certain effectively performing employees. The employees that show same performance should be given similar rewards.
- The managers should also follow the standards of the organization that are established as the reasonable ones.
- The employees in the organizations should be given respect by the managers. Furthermore the managers should clearly show that they care the employee and recognize the contributions & strengths of the employees.
Besides the employee rights, there are also some management rights that are also a part of an effective organization. The rights of management include the broader rights to operate the organization & keep any generated profit. Specifically other rights of management include the right to lead a work force which means to hire the workers and define their level of pay. In fact the management rights are statuary in nature which means that their rights are not influenced by the laws and contracts.
Employment at Will:
There is a common law that the employer of an organization has the right to hire, promote, demote or fire any of his employees unless any particular law comes in the way. Similarly, there is a universal law that an employee has the right to work or leave the job & work for any other organization after quitting existing job provided certain conditions are not violated. This law of employment at will was implemented in the nineteenth century; when the employees are free to leave their jobs due to any reason & similarly the employers are also free to lay-off any employee on the basis of any particular reason. The court at that time passed this law of freedom because it was considered to be fair. There are certain situations in which this law of employment at will does not work like implied contracts, lack of fair dealing & good faith, public policy exception.
Employee Rights Challenges
The employee rights are separated by a thin line from the management rights. There are certain issues related to the workplace that enlighten this conflict. These issues are as follows.
- Random Drug Testing:
There are certain challenges that are faced by the organization that uses drug testing like
- How urine specimens should be protected
- How false positives should be treated
- Is it possible to use alternative tests etc
- Electronic Testing
The electronic monitoring is used to prevent employees from theft. For the smooth functioning of the electronic monitoring, the employees should be aware of the types of monitoring devices employed & the management should find the best ways to in which the monitoring devices are used. So the top management of the organization publishes the best methods of working of those devices in the organization.
- Whistle Blowing
Whistle blowing is referred to as notification of the wrong actions of management by the employees. The employees of the federal organizations are protected through the laws, but the employees of private sector not much legally protected. The employees can blow a whistle against the management of the organization which would be harmful for the organization; so many organizations are considering policies that can cover the whistle blowing.