Term Paper On

ETHICAL AND LEGAL CONTEXT OF HRM

Course No: 222

Prepared for

Imrana Yasmin
Assistant Professor
Dept. of Marketing
University of Dhaka

Prepared by

BRAINTRUST
Section-B
BBA 15th Batch
Department of Marketing
University of Dhaka

Submission date: October 30, 2010

GROUP PROFILE

|SL No |Name |Roll |
|01 |Asif Mohammad Shakil | 28 |
|02 |G. M. Riazuddin | 30 |
|03 |Zinat Shahana |102 |
|04 |Rifat Jahan |136 |
|05 |Shayala Yesmin |160 |

LETTER OF TRANSMITTAL

October 30, 2010
IMRANA YASMIN
Assistant Professor
Dept. of Marketing
University of Dhaka
Subject: Letter regarding submission of Term Paper on HRM
Dear Madam,
It’s a great pleasure for us to have the opportunity to submit a report on ‘HUMAN RESOURE MANAGEMENT’ which had been a great experience for us to work with such a practical issue & to have the opportunity to know about the link between national culture, organizational culture, and values that determine behavior and decisions in organizations. It also helped us to know the different legal and ethical issues, different aspects of ethical conduct etc. We tried utmost to make & let it look like a professional one. Any shortcomings are expected to have a kind view for our encouragement.

Our efforts will be valued, if this report can serve for what it’s been meant for & our assistance will be there for any queries.

Sincerely yours,

G. M. Riazuddin
On behalf of the Group
BRAINTRUST
Section “B”
BBA 15th Batch
Department of Marketing
University of Dhaka

ACKNOWLEDGEMENT

First of all, all the praise belongs to Allah, the all knower & the best helpers to make our report a practical one by providing us the mental & physical toughness in course of preparation of the term paper.

Our next honest & heartiest gratitude goes to Imrana Yasmin, assistant Professor and our honourable course teacher for her sincere and utmost guidance to prepare this term paper & gather huge practical and realistic knowledge, to make us understand the topics, terms & make us familiar with this course.

We would like to express our heartfelt gratitude to all our friends who helped us by providing their valuable views & ideas with all types of support that they could provide.

TABLE OF CONTENT

|Subject |Page No |
|Executive Summary |07 |
|Introduction |08 |
|Objectives |09 |
|Ethical Context |10 |
|Ethics, Social Responsibility and Law |11 |
|The Legal Context |12 |
|Equal employment opportunity |13 |

EXECUTIVE SUMMERY

Ethical conduct and social responsibility decisions are determined by the cultural values of an organization. The values of organizational culture, like national culture, are deeply embedded, implicit, and not readily changed.
The national culture of a country determines the relationship between values and legislation. Furthermore, individual organizations differ as to how ethical conduct and legislation are viewed.
Most countries have legal obligations relevant to the employment relationship. The topics discussed in this module are equal opportunity, privacy, and occupational health and safety.
Equal opportunity is about the consideration of only those characteristics that are relevant to the job when making HRM decisions. Therefore, in principle, EO makes good business sense. Affirmative action legislation endeavors to address historic and non-direct discrimination of specific groups in the workforce.
Occupational health and safety legislation in Fiji focuses on three areas - prevention, compensation, and rehabilitation. However, regardless of the stringency of the legal system, organizations have a moral obligation to ensure the safety and well-being of its staff.
Recently introduced laws have brought the issue of privacy to the attention of organizations. Employees have a moral and legal right to their private and sensitive information being suitably collected, stored and accessed.

INTRODUCTION

The behaviors and decisions made by employers in organizations are influenced by a variety of factors, two of which are discussed in this chapter - values that influence the standard of ethics of individuals, and the law. This module will examine some of the determinants of behavior and decisions related to the employment relationship, and discuss the legal framework of equal employment opportunity, occupational health and safety, privacy, and the termination of the employment relationship.

OBJECTIVES

• Explain some aspects of ethical conduct and how it is exhibited • Discuss the link between ethics, social responsibility and the law • Describe the legal and ethical obligations of equal employment opportunity, affirmative action and harassment • Identify the ethical and legal obligations of employers and employers in the maintenance of a safe and healthy workplace • Examine the ethical and legal issues pertaining to the privacy of information on employees

THE ETHICAL CONTEXT

How organizations and individual shape the employment relationship is based on their values, the legal context and restraints upon their actions and the general social and political mores which guide behavior and decision-making. For this week you will need to read sections from a number of chapters in the textbook. You will need to compare and contrast those sections and arrive at reasoned answers to the issues. There may be competing 'right' answers so do not look for the true and false answers as they may not be present.

ETHICS, SOCIAL RESPONSIBILITY AND LAW

Whilst many countries have legislative frame works pertaining to the employment relationship, the national culture and the corporate culture of the particular organization will determine the extent to which the principle, spirit, and letter of the law is obeyed.
Some believe that basic compliance with relevant legislation is adequate. Compliance means that the organization is operating legally, and thus is not subject to negative publicity of Court appearance and consequential fines and punishments. The topics of ethical behavior and social responsibility are not relevant, as the organization is complying with the law. Thus these organizations believe that the legal system is the ethics and social responsibility watch-dog. As long as decisions and behaviors are not illegal, they are acceptable.

Further to this philosophy, some organizations may go so far as to flout the law, either deliberately or because compliance is taken casually. Deliberate action, or lack of action, is seen as a calculated risk. The benefits of flouting the law are deemed to be worthwhile, and being caught is the risk worth taking. Those that comply casually see compliance as just a nuisance, as the issues to which the legislation pertains are unimportant.

The alternative thinking is that the legal framework is the outside extreme. There is a wide gap between what is deemed to be ethical and socially responsible, and compliant with the law. Thus the attitudes and behaviors described above are viewed as either immoral or amoral. Unlike those that conform to the above, these organizations are most unlikely to not comply with relevant legislation. Their value systems, embedded in their cultures, mean that the motives of their staff drive behaviors and decisions that are well within the legal requirements. Trust and honesty are likely to be high in such organisations.

THE LEGAL CONTEXT

It is imperative that all members of the organisation have knowledge of the laws that govern the employment relationship. Managers, supervisors, and employees have obligations to which they must adhere.

In many countries, there are several sources of legal obligation. Employment contracts, written or unwritten, legislated statutes, industrial awards and agreements and common law are different legal sources that may influence the rights and obligations of employees and employers. Legislation is enacted by different levels of government (federal, state, and local). However, international treaties and agreements can also have an impact on staff management practices, for example, the various United Nations and International Labour Organisation (ILO) covenants and agreements adopted by the Government.

The degree and the level to which an organisation chooses to be social responsibility and its members ethical influences the extent and rigour to which it meets its legal obligations, particularly with reference to its use of labour. It can be argued that property and profit are given greater legal protection and attention than the safety and quality of the organisation's human life. As discussed earlier, some organisations use the law as the only standard by which to determine their HRM policy and activities. This reactive response to the law is usually consistent with a labour cost focussed way of managing human resources, which is inconsistent with the philosophy of the strategic intent of HRM. On the other hand, organisations use the law as a guide by which they determine their minimum employment standards. These organisations tend to manage their human resources pro actively, as they do with other organisational assets. These organisations' human assets are treated with respect, like any other organisation investment.

It can be argued that there is too much government interference in various aspects of business practice. Managers could run more effective, efficient, and profitable businesses if only government would let them operate unfettered. However, as history shows, unfettered by government regulation in the past, businesses have been known to use child labour, be unconcerned about the health and safety of workers, pay below subsistence wages, etc. Thus governments, either in response to, or to influence, community values and attitudes, legislate to protect organisations' stakeholders.

EQUAL EMPLOYMENT OPPORTUNITY

Equal Employment Opportunity and related legislation impacts on all aspects of human resource management. Whilst some HR practitioners and line managers may regard EEO as a needless intrusion into employment relationships, they provide valuable opportunities of organisations to gain business advantage. They guide good recruitment and selection procedures, and sound management of staff. Furthermore, they may influence the work environment and HR practices that enable each employee to maximise his/her contribution to the achieving of organisational objectives.

AFFIRMATIVE ACTION LEGISLATION

The concept of Affirmative Action (AA) is related to equal employment opportunity, but is not synonymous. The principle is to undertake strategies that eradicate and redress the consequences of historic and structural discrimination in the workplace. It is based on the recognition that certain groups, such as women and the disabled, require enhanced opportunities if past injustices are to be overcome.

HARASSMENT

Harassment, a particular form of discrimination, is specifically noted and detailed in anti-discrimination legislation. Legislation specifically prohibits harassment on the grounds of sex, race, or disability. However, it should be noted that any form of harassment has severe negative impact on the victim, other staff, and the organisation as a whole. It is a reflection of a bullying and dysfunctional culture.

OCCUPATIONAL HEALTH AND SAFETY OBLIGATIONS

The subject of occupational health and safety (OH&S) is about the health and safety of personnel in the workplace. It encompasses three main concepts: 1. Prevention 2. Compensation 3. Rehabilitation.

REFERENCES

• Fundamentals of Human resource management- eight edition (David A. deCenzo, castal Carolina university. Stephen P. Robbins, san diago state university) • en.wikipedia.org •

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Human Resource Management

Department of Marketing
University of Dhaka

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