Essay on Employment Relations and Job Regulation
Number of words: 3061
Employment relations primarily encompass the study of all aspects of job regulation within an institution. It is critical to analyze the role of employment relations in improving employee participation and effort at places of work. The study of rules and regulations at the workplace and their development can help develop a culture that is focused on proper delivery. Job regulation seeks to achieve a status of equality amongst employees while ensuring that the employer is satisfied (Wedderburn, 1986). There are various types of job regulation strategies applicable, including unilateral regulation, bilateral regulation, and tripartite regulation (Dunlop, 1958). Equally, external and internal regulation strategies are relevant to many institutions. Employment relationships are shaped and structured based on rules, regulations, processes, and institutions such as courts(Dundon and Rollinson, 2011). In this regard, this paper explores the various types of job regulation approaches, the contract of employment and its significance in job regulation and establishes the role of actors such as workers, trade unions, employers and the state, in employment relations.
Job Regulation and its Importance
Job regulation is the creation and implementation of rules that directly affect employees, employers, trade unions, and employment relations. Employers and employees have terms that must be adhered to in a bid to achieve desirable employment relations. Employment relations must take into account problems that arise from workers and devise proper mechanisms for handling them (Hyman, 1975). Employees are an essential part of any organization and treating them fairly guarantees loyalty. The department of human resources coordinates with other departments in an organization to ensure that employee relations are considered. Companies that have proper employment relations do considerably well in the market as employees deliver with determination and commitment. Poor relations kill morale among workers, which leads to low business performance (Fox, 1966). As such, job regulations are meant to act as guiding principles for employees and employers within an organization. Trade unions are at the forefront of ensuring that employee issues are solved, especially for negligent employers (Hatala and Yamkovenko, 2016). There is a need for every human resource department to employ strategic measures meant to boost employee performance and relations. Regulations should not only control employees but also employers in a bid to ensure sanity in an organization.
Job regulation is crucial to an organization in guiding practices within a work setting. For instance, the state can regulate the amount of minimum wage that an employer should accord an employee within a specified period. Such regulations help protect workers from exploitative employers who take advantage of their labor (Wedderburn, 1989). Equally, Trade unions help seek the right compensation for their members. Discrimination laws limit employers from using biased approaches, especially in the recruitment and promotion of employees. Regulations are meant to protect workers from discrimination based on color, race, religion, sex, disability, and nationality. Laws can help maintain the right safety and health status within working environments. Some employees might violate such basic rules that can lead to fatalities in some occasions (Dunlop, 1958). Notably, regulations are meant to ensure that safety and health standards are maintained. Maintaining proper standards within rules and regulations set promotes understanding between the employers and their employees (Brown, 1997). Ensuring happy and satisfied employees require strategic rules that help govern their behavior at work, defining roles for each of them. This helps reduce and control conflicts that may arise at work. Failure to outline requirements for each of them might draw conflicts that reduce performance and delivery of employees (Wedderburn, 1989). To ensure proper employment relations, HR departments should establish appropriate regulations that are meant to promote a cordial relationship between employers and employees.
Types of Job Regulations
There are many types of job regulation strategies, including substantive and procedural, formal and informal rules, unilateral, bilateral, tripartite, state, or social mechanisms. These regulations can be classified as either internal or external, depending on the origin of the policies. For instance, state laws are classified as external since organizations have no control over their implementation. They are players who should comply if they have to be in operation within the specific nation(Wedderburn, 1989). Most of these laws are meant to control and guide employment relations among involved parties.
Substantive rules are meant to shape behavior at work among employees and employers. It consists of a set of guidelines that outline the code of conduct and rewards that the employer should accord the employee. Terms and conditions of employment are substantive regulations, which every party agrees to prior to employment. Appraisal, promotion, recruitment and amount of pay are well spelt under substantive rules (Wedderburn, 1989). On the other hand, procedural rules define standards and systematic steps that operations should be run within an organization. Employees are required to follow the rules as spelt for improved relations. For big organizations, procedural rules help avoid confusion and ensure a flawless run of operations (Hong, 2018). Both procedural and substantive laws shape and promote employment relations within an organization.
Internal regulations represent a set of rules that can be changed any time without an organization seeking consent from an external authority. Laws that are set internally are agreed upon autonomously among employees and employer organizations. Most constitutions in the world allow enterprises to have their regulations that can govern behavior and control operations within the organization (Painter and Holmes, 2015). External regulations comprise of rules that are agreed upon by outside parties, which exist either temporarily orspatially. For instance, state laws are external rules that apply to all enterprises within a nation or economic region. Both external and internal regulations seek to maintain a mutual understanding between employees and employers, with a view of spurring employment relations.
Unilateral rules that are set by one party without having to involve the second party. For instance, when a trade union imposes a regulation without consulting its members, the set law is unilateral as it is directed to members. Equally, when a worker imposes a rule customarily, the rule is unilateral and applies for the rest. One-sided rules can help shape the employer-employee relationship, which promotes performance and profitability (Painter and Holmes, 2015). Notably, unilateral regulations can be external or internal depending on who imposes them. Unilateral rules spur proper employment relations required in organizations.
Bilateral rules are regulations that are agreed upon consultations between the employer and the employees of a particular organization. Such laws are better placed to handle conflicts that arise within a job setting. Bilateral rules can be external or internal depending on discussions that are held among the interested parties. Externally, workcouncillors are involved when negotiations among mixed union members and nonmembers take place (Metcalf, 1989). Equally, other work delegates and individuals represent a form of bilateral regulations that shape employment relations across the world (Davies and Freedland, 1983). Internally, the management can negotiate with elected leaders among employees to agree upon matters that arise and affect the wellbeing of employees. Negotiations that take place internally involve matters that can be handled internally without external consent. Internal rules help manage and promote employment relations.
Tripartite regulations comprise of combined structural regulations that govern employee relations within an organization, trade union or nation. For instance, if management imposes a rule after a joint consultation with all parties, both external and internal, the new legislation becomes a tripartite regulation (Donovan, 1968). Customs and practice rules are not openly negotiated but are universally acceptable to all players. Such regulations help shape the employment relations that are crucial in spearheading growth and profitability (Painter and Holmes, 2015). Tripartite standards should be voluntary and not compulsory approaches to the handling of employment relations for organizations.
Formal regulations include a set of standards and requirements that are written down, meant to guide behavior and run of operations within a work setting. Employees are expected to agree to such terms before the human resource management recruits them. Contract terms are all formal rules that both employers and employees are obliged to honor (Metcalf, 1989). A breach of contract terms will lead to loss of trust, which risks and reduces the performance of employees. As such, formal rules play a crucial role in shaping employment relations.
Informal rules are mutually acceptable standards, even though there is no written guideline on such regulations. Such laws can be external or internal, depending on the origin of the custom. For instance, it is universally accepted that employees should respect their employers.Informal rules are passed from one employee to another by practice and experience within awork setting (Dundon and Rollinson, 2011). Employees within an organization behave in a particular way that one can only understand by being part of them. Such relations help promote teamwork and unity for proper employment relations.
State laws represent a crucial part of job regulation that shape employment relations across the world.Legislation of minimum wage for workers in unions and organizations can be set through the state apparatus in a bid to reduce and protect their members from exploitation (Donovan, 1968). State policies are vital in any setting as they safeguard minors from abuse by employers and at the same time, ensure right compensation for workers. Proper adherence to state laws on employment relations can prove helpful in promoting understanding and mutual co-existence of workers and employers. As such, state laws act as a guide to desirable employment relations in a work setting.
Contract of Employment and its Role in Job Regulation
Contract of employment represents a formal document listing the rights and responsibilities among parties in a particular bargain (Hagemeister and Volmer, 2018). It is applied in labor law to help ensure job security for the employee while protecting the employer from practices that can harm their operations (Brown, 2010). For instance, employees are not allowed to share crucial information on the company operations to an outside party, even after the contract is terminated. Obligations for each party in the bargain are well spelt out in the contract and parties are expected to honor the terms. Flanders has contributed significantly through his Pluralist tradition, which prefers procedural aspects rather than substantive measures (Matsue, 2018). Contracts are forms of employment that are used as a way of regulating behavior and spurring performance among workers within an organization (Dundon and Rollinson, 2011). Contracts of employment do not represent the formal equity that they purport to champion. Most of them are specified and prepared prior to recruitment, which questions their credibility.
Application of Flander’s Pluralist tradition has faced criticism due to its inability to address balance of power, especially in trade unions and other multi-organizations. Contracts of employment are limited due to the fact that they address interests of employers instead of considering employee relations. Equally, in case of any changes, the parties in the bargain will have to agree before alteration is made. This makes contracts of employment disadvantageous to some individuals. Also, every party in the agreement is bound to act in good faith for the better part of the agreement (Sirchia, 2018). Failure to respect and respond to contract requirements has dire consequences, probably termination. A party breaching contract terms is liable for litigation by the other party, which risks their relationship.
A contract of employment plays a critical role in spelling out regulations, rights, and each party’s requirement in the bargain. For improved employment relations, contracts of employment are vital as they outline what is expected of each stakeholder in the contract. A breach of the rights and responsibilities listed is punishable according to terms spelt in the agreement (Dundon and Rollinson, 2011). In essence, such regulations make it easier for employers to handle their employees in various work settings. Equally, the contract of employment helps eliminate disputes that arise between the employee and the employer. For instance, an employer cannot end a worker’s contract without clear terms on where he/she has violated terms. In essence, it assures employees of job security, which is crucial to their performance (Brown, 2010). Employment contracts are applicable when part-time, fixed or permanent terms are needed within an organization. Contracts play an essential role in promoting employment relations globally.
Role of Actors
Actors such as employees, trade unions, employers and the state participate actively in influencing practices that affect employment relations within a setting. For instance, workers can suggest issues that they feel should be handled to create an enabling environment for better performance. According to the pluralist perspective, employees should participate in devising of regulations that affect them at places of work to some extent. The perspective reflects on the essence of fairness and democracy in various organizations. As such, employees are allowed to participate in making of regulations that affect their wellbeing. Trade unions participate in joint negotiations to ensure rules formulated are acceptable to their members (Clegg, 1979. External regulation is aimed at reducing and avoiding disputes at a work setting. As such, such actors help promote employment relations for improved performance.
Trade unions play a crucial role in bargaining for the rights of their members. They task organizations to treat and compensate their employees in the right way in a bid to improve employee welfare (Lucas and Boudreaux, 2019). Unions that do not represent grievances of their member employees have failed in their mandate to boost proper employment relations globally. With regard to the pluralist perspective, trade unions are essential in pushing for rights of employers within any organization (Brown, 1997). Equally, the Marxist theory attributes to joint regulations in trade unions to avoid the rise of conflicts. Joint regulations only aim to address the widening gap of inequalities among workers within different unions.
Employers are vital as they decide who they can hire and fire within the limits of regulations set. As actors in job regulation, employers set guidelines and procedural requirements for their employees within the work settings. Under the Unitary perspective, managers are the best-suited people to use the unilateral type of job regulation to ensure organizational objectives have been achieved (Clegg, 1979). Use of the unilateral form of regulation is crucial, especially when minimal external interference is required.As such, employers are an essential part of employment relations as illustrated under the unitary perspective.
Lastly, the state has a say as an actor in the shaping of employment relations within any economy. The state ensures collective bargaining institutions are registered according to set requirements to avoid entry of imposters. Also, trade unions should act within legislation set by the state to avoid conflicts, which derail the implementation of policies on employment relations. Institutional procedures should be used to solve conflicts that arise according to Flander’s Pluralist tradition (Brown, 1997). As such, the state is an integral part of the process involved in achieving improved employment regulations.
To sum it up, job regulation measures are meant to act as a guiding principle to actors within any economy. Such regulations seek to maintain acceptableemployment relations, which promote performance. Proper employment relations are essential to boost the morale of workers within a job setting. Through regulation, contracts, and other rules, organizations keep a specified type of relationship, which is helpful in delivery improvement. Examples of applicable job regulation approaches include unilateral, bilateral, external, internal, tripartite standards, and state regulations. They outline what responsibilities an employee is tasked with and roles that employers should play. Contracts of employment are also crucial in job regulation, especially when terms involved are fixed, permanent or part-time. Actors such as employees, employers, the state and trade unions employ various perspectives in shaping employment relations. Applicable perspectives include Flander’s British pluralist tradition perspective, unitary, Marxist and the pluralist perspective. Such perspectives guide actors on what should be implemented to achieve equality and proper employment relations across the world.
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