...essay is to discuss whether it is appropriate to consider the employment relationship as a contract, in the sense of voluntary between the two equal parties. Fox (1974:183) argues that it is inappropriate to consider the employment contract is equal and the employment relationship is merely a ‘brute facts of power’. With reference to Fox’s statement, this essay will discuss the nature of employment relationship, the influence of key institutions and their impact for employers and employees, and the three main perspectives at work. This essay will support Fox’s statement as inequality between the employers and employees is often an issue at the workplace. The basis of employment relationship is the relationship that exists between the employer and employee. The employment relationship is the context within which indicate interactions between employees, who may be unionised, and employers are conducted, both collectively and individually (Kelly, 1998). The employment contract is apparently central to the employment relationship. By the middle of the nineteenth century, with the development of Capitalism in Britain, based on the contractual relationship between an employer and employee, wage labour system had largely displaced traditional forms of work relations that are based on status. The role of the employment contract in the employment relationship is that it captures the way in which the employment relationship is an economic transaction, concerning the willingness of employee...
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...influential role in the employment relationship for a long time. This raise questions about should intervene employment relationship or leave it entirely to employers and employees. State is all government organizations with the currently selected government, which are carrying out government policies (Nikola 2009, p. 41). In my option, the state is a necessary player within the employment relationship. This essay will illustrate why the state should take part in the employment relationship from four aspects. First is the state can protect employees by applying policies into the workplace. Second, the employers can receive benefit when the state making rules. Third, the state solves disputes between employers and employees as intercede. Finally, employers and employees can avoid potential dispute when state intervene. First of all, the state protects employees’ right by implement various policies into workplace. From the point of employer’s view, employer wants the company to running in maximum productivity and efficiency by offering as lower and simpler as possible to employee’s salary working condition. In contract, employees are willing to receive higher reward and better working condition according to their capacity. However, in most cases, employees do not receive equal treatment due to they have relative less bargaining power than employers within employment relations. Basic on this situation, Australian policymaker establish rules including the National Employment Standards, modern...
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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...The Employment Relationship Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as: “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.”[1] At the start of the employment relationship there are several different internal and external factors that impact on the employment relationship. Two internal factors are: 1) Collective agreements between an employer and recognised trade union Collective agreements can be an important factor in determining and influencing an individual employee’s terms and conditions of employment. An employer who, for example, has agreed to negotiate with a union the terms and conditions of employment for particular grades of staff will apply the relevant provisions of the collective agreement to staff in that grade, irrespective of whether they are union members or not. In law, the terms of the collective agreement that are relevant to an individual employee will then be incorporated into that person’s contract of employment. Consequently, their pay, working time, holidays etc will derive from the collective agreement.[2] 2) Custom and practice In any organisation there are often ways of working, which are not written down and have evolved over a period of...
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...Changing work patterns Introduction Australian work communities are experiencing change. The labour force and industrial relations system is changing. The nature of work and the patterns of Australians' working lives are changing. Many say globalisation is the reason. Some say it is to boost productivity and provide flexibility for workers, employers, and businesses that make up our new economy. These issues are clearly seen when we look at our changing work patterns. See image 1 Structural changes to our work 'Structural change' is an economic explanation for our changing work patterns. It refers to key work and labour force changes in Australia, such as the reduction in full-time work and the increasing economic hardship of lower income workers compared to the increased affluence of higher socioeconomic groups. There has been a decline in full time work from 89 per cent to 69 per cent and rapid growth in services to over 80 per cent. There has been an increase in part-time and casual work; around one in four workers are part-time (due to more flexible workplaces, increased subcontractors, extended trading hours, work and family considerations). The workforce participation of women has increased from 37 to 55 per cent and the number of employed people with a bachelor's degree or higher has increased from 3 to 19 per cent. The proportion of 15 to 24 year olds remaining in our education system has increased from 35 to 54 per cent, partly due to the changing needs of our workplaces...
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...12/20/2015 Impact Of Employment Law Employment Relationships Law Employment Essay Impact Of Employment Law Employment Relationships Law Employment Essay Done: Mohammed AlKoohaji Section: An introduction: Employment is defined as a give and take relation between employer and employee, which result in the formation of an agreement resulting in the payment of a definite amount at the completion of the term of agreement, agreed by both the parties. Employment relation is thus affected by various factors as follows. Terms of employment. Place of employment. Payments as per agreement. Mode of payment. Amount agreed for payment. Completion of term of employment. Following of set of rules and regulations of employment. Benefits and losses following the employments conditions. Working conditions. Laws related to employment. Terms of employment. Rules and regulations related to employment. Market rate of employment. Inflation. Government directions. Thus, from the above the two major factors that impact the employment relationship are as follows. Internal factors: The two major internal factors that affect the employment relationship are as follows. Place of employment: http://www.uniassignment.com/essaysamples/law/impactofemploymentlawemploymentrelationshipslawemploymentessay.php 1/8 12/20/2015 Impact Of Employment Law Employment Relationships Law Employment Essay If the place of employment is far away from the residence of...
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...Report Employment Relationship Student’s name: SamuelBudhathoki(14244889) Raymond Bright (15683108) ZahidRizvi (15222831) Lecturer’s name: Christina Howe Date of submission: 2nd April 2012 TABLE OF CONTENTS 1.Introduction...............................................................................................................3 1.1 Employment relationship defined...............................................................................3 1.2 A brief history of industrial relations in Australia.......................................................3 2.0 Changes in workplace relations and employment relationship................................ 4 3.0 Casualisation and employment relationship.............................................................4 4.0 Technological change and employment relationship……………………………………………..5 5.0 Change in government policies and employment relationship………………………..……. 6 6.0 Change in trading hours and employment relationship…………………………………………..6 7.0 Union involvement and employment relationship………………………………………..………….7 7.1Example of union’s involvement……………………………………………………………….……………8 8.0 Equal Employment Opportunity and Employment Relationship……………….……….…..8 9.0 Psychological contract and employment relationships…………………………….……………9 10.0 Conclusion……………………………………………………………………………………………….……………9 References……………………………………………………………………………….…….…….……..11, 12 1.0 Introduction The Employment...
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...Debate 2 (Week 6) "That legislative provisions governing the employment relationship are necessary to protect employees' rights" The legislative provisions governing the employment relationship arose due to the demands for workers for better conditions, the right to organize, or, alternatively, the right to work without joining a labour union, and the simultaneous demands of employers to restrict the powers of workers' many organizations and to keep labour costs low. In the novel ‘Hard Times,’ by Charles Dickens, the industrial revolution is vividly portrayed as a dark and depressing time in which workers have no bargaing power from their demanding and unappreciative bosses who have no compassion for their employees. The employees are referred as "hands,” viewed as mere factors of production, not much different than the machines they operate. Developed and entrenched legislation in Australia surrounding employee’s rights has avoided a utilitarian environment. As a result, employees are fortuitously protected by these laws and are free to individually negotiate working conditions. Embedded legislation governing the employment relationship refers to the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. Essentially, in Australia today; without a legal framework corporations have...
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...Legal Obligations Arising From the Employment Relationship Shelena McClinton HRM 546 November 12, 2012 David Cory Legal Obligations Arising From the Employment Relationship The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that created by the need for defense and security (MBA Knowledge Base). This paper will discuss legal invasion of privacy method’s that employers can use. The violation of these rights lead employees to form unions to make their voice heard. Health Insurance Cost vs. Privacy The question of whether or not something constitutes discrimination is completely dependent on the evaluator’s point of view. For example, if a person believes that a pre-employment drug screen is discrimination because it is no one’s business if someone has an alcohol or substance abuse problems an employee may have. If an employee is getting his or her job done, it does not matter what he or she is doing in their personal life. On the other hand, if an employee job requires driving for work related business and they drive under the influence. What if they injure someone or he or she need to go to rehab, thus filing numerous insurance claims, would it have been nice to know the potential risk before hiring? Companies are always looking for ways to reduce cost; this forces employer...
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...Analyse and critically discuss the nature and purpose of the employment relationship for organizations and the relationship between work design, planning, pay and the employment relationship. Explain how expectancy theory; reinforcement theory and equity theory help managers to build an effective pay strategy as part of managing employment relationships Words: 2,695 . Introduction The term ‘employment-relationship’ is interchangeable with others when describing aspects of the overall relationship. According to USQ (2004) this relationship is basically the exchange of work by employees for pay from employers. While the primary relationship is that between the employer-employee, as organisations have evolved, grown in size and number, so too has the diversity of employees, each with their own particular ‘psychological contract’ (Hodgkinson 2003). The purpose of a defined and productive employment relationship is to equitably manage the various relationships, and resolve conflicts (USQ 2004). Breaching this psychological contract potentially will have negative implications for loyalty, motivation, and worker commitment to the organisation (Hislop 2003). This essay will discuss some of the factors in the workplace, which have an effect on the principals at each end of this relationship, and maintaining such diverse relations within a context of equity to each. The objective of business is to increase profits by increasing the effectiveness of production...
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...Question 3 – Human Resource Management 2013 Exam ‘The objective of the employment relationship is to achieve a balance between efficiency, equity and voice’. Discuss. Answer Employment relationship also known as industrial relations or employment relations is a link between an employer and an employee. The International Labour Organistaion defines the employment relationship as “ a universal notion which creates a legal link between a person, called the ‘employee’ (frequently referred to as ‘the worker’ with another person, called the ‘employer’, to whom she or he provides labour or services under certain conditions in return for remunerations.” (ILO 2003:2) Another definition by the popular business website ‘Entrepreneur’ defines an employment relationship as “An agreement entered into between an employer and an employee at the time the employee is hired that outlines the exact nature of their business relationship, specifically what compensation the employee will receive in exchange for specific work performed.” The aim of human resource management is to ensure that through the employment relationship organisations should achieve competitive advantages and employees on the other hand, should receive a fair treatment in the workplace. In this light, many human resource management writers like John Budd have agreed that balancing efficiency, equity and voice should be the focus of organistions in order to have a more productive workplace. Budd (2004) cited in Marchington...
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...outline of the key perspectives of the employment relationship that inform our understanding of HRM. Workshop Tutor: Andrew Burnett Table of content Introduction 3 How can HRM be understood? 4 What is employment relationship? 4 Elements of employment relationship 4 What is individual contract of employment and how it works? 5 Duties of employer and employees 6 What is psychological contract? 6 Socio-political dimension of the employment relationship 8 Conclusions 9 References 10 Introduction What will be covered in this essay? This essay will reflect on what is employment relationship in HRM. What is the purpose in applying of HRM practices, why it is so important to manage people, their performance and expectations. How we can “ensure that individual have the ability, motivation and opportunity to perform effectively” (Wilton, 2013). This course-work will look closer what is an employment relationship, how it affects individuals in the workplace and company in total. It will also cover the elements of employment relationship, terms and conditions that affect both employer and employee, what are duties both parties need to comply. It will be explained what is contract of employment and psychological contract and why it affect individual attitude. After that, the three key perspectives are outlined on employment that are unitarism, pluralism and radical(Marxist). Each approach to employment relationships is different in the ideology, who holds...
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...contract by using relevant information, figures and evaluating case studies, it shall explain why the understanding of this “psychological contract” is considered to be so vital to the management the contemporary employment relationship. The “psychological contract” of employment can briefly be defined as ‘a set of unwritten reciprocal expectations between an individual employee and the organisation’ (Schein, 1976). Such as the employee being promised certain policies or benefits and the employer expecting the employee to perform at a certain level or be of a specific age etc. Guest and Conway (2002) defined it as “the perceptions of the two parties, employee and employer, of what their mutual obligations are towards each other”. Therefore, an agreement that is beyond what is written or implied in the contract or other explicit manifestations of the employment relationship. The concept of the psychological contract is commonly traced back to the early work of Argyris (1960) and to social exchange theory (Blau, 1964). However, the crucial developments leading to its current use as an analytic framework were provided mainly by Rousseau (1995). The psychological contract therefore provides an opportunity to explore the processes and content of the employment relationship through a focus on more or less explicit deals. These deals are likely to be re-negotiated or modified over time, to be influenced by a range of contextual factors, and to have a variety of consequences. Thus the...
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...The Psychological Contract' is an increasingly relevant aspect of workplace relationships and wider human behaviour. Descriptions and definitions of the Psychological Contract first emerged in the 1960s, notably in the work of organizational and behavioural theorists Chris Argyris and Edgar Schein. Many other experts have contributed ideas to the subject since then, and continue to do so, either specifically focusing on the the Psychological Contract, or approaching it from a particular perspective, of which there are many. The Psychological Contract is a deep and varied concept and is open to a wide range of interpretations and theoretical studies. Primarily, the Psychological Contract refers to the relationship between an employer and its employees, and specifically concerns mutual expectations of inputs and outcomes. The Psychological Contract is usually seen from the standpoint or feelings of employees, although a full appreciation requires it to be understood from both sides. Simply, in an employment context, the Psychological Contract is the fairness or balance (typically as perceived by the employee) between: how the employee is treated by the employer, and what the employee puts into the job. The words 'employees' or 'staff' or 'workforce' are equally appropriate in the above description. At a deeper level the concept becomes increasingly complex and significant in work and management - especially in change management and in large organizations...
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... Date: Age: ____ Gender: _____ F ___ M Race: _________ Marital status: 1. Current Family and Significant Relationships (Include strengths, stressors, problems, recent changes, changes desired, and comments on family and relationship circumstances.) 2. Childhood/Adolescent History (Include developmental milestones, past behavioral concerns, environment, abuse, school, social, and mental health) 3. Social Relationships (Include strengths, stressors, problems, recent changes, changes desired, and comments on current circumstances.) 4. Cultural/Ethnic (Include strengths, stressors, problems, recent changes, changes desired, and comments on current circumstances.) 5. Spiritual/Religious (Include strengths, stressors, problems, recent changes, changes desired, and beliefs/practices to incorporate into therapy.) 6. Legal (Include current and previous legal concerns and their impact on behavior, affect, and relationship.) 7. Education (Include strengths, stressors, problems, recent changes, changes desired, and comments on current circumstances.) 8. Employment/Vocational (Include strengths, stressors, problems, recent changes, changes desired, and comments on current circumstances...
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