Unit-8 Employments Rights Flashcards
Complete the sentence: Dismissal is considered to be unjust under two conditions, when
- An employee is dismissed without a good cause
2. The dismissal occurs without a fair hearing
According to the (Termination and Redundancy Payments) Act
give minimum periods of notice for employees who have been working for four weeks or more re their termination.
0-5 years- 2 weeks
6-10 years- 4 weeks
11 and over- 12 weeks
Employment at Will Argument
An employer may terminate an employee at any time and for any reason
unless an employment contract specifies otherwise.
(Employee also free to leave at any time)
What are the arguments supporting Employment At will
Property Rights
Freedom of Contract
Efficiency Argument
Explain the Property Rights Argument
Owners are described as the owner of machinery, and materials. Workers are the “owners” of labour. In their exchange of labour for wage and resources each party is free to do as they wish in using their “property” and no right is being violated.
Employee- free to offer his labour elsewhere
Employer- Free to stop “buying” the labour of the employee and giving over his resources to him
Freedom of Contract
Employment is viewed as a contractual agreement that can be explicitly written.
At least in absence of an explicit contract, we can imply an implicit contract if the conditions of employment are understood and tacitly accepted by both parties.
Employee have the right to leave and take his labour elsewhere, employer has right not to retain labour they don’t want
In this case legally, interference from the govt would be an interference of equal rights.
(edit later)
Explain the Efficiency Argument- Utilitarian Based
The Efficiency Argument states the success of any business enterprise
Depends on the efficient use of all resources, including labor
When both parties agree to employment at will, we must assume
that such an arrangement benefits both employers and employees. The mere fact that employment at will persists when employers and employees could contract on other terms demonstrates
its advantages for all concerned
But in reality persons who like job security will not engage in this kind of arrangement
Exceptions to Employment at Will
-Public policy : that employees ought not to
be subject to discipline, demotion, or discharge for refusing to violate the law. Also employees must get their legal rights and entitlements (stated in Labour Laws and Occupational Health and Safety Acts), and should not be dismissed when trying to promote public welfare. (Eg. being dismissed because absent from work when serving as a jury)
- Implied contract- When implied contract has different terms dismissal cannot go through (read over)
- Bad faith and malice- Cannot dismissal for unethical purposes. Eg. being dismissed after securing a deal for a company, because they did not want you to get the commision
Rights to Due Process- What are the features of an effective
grievance procedure?
- Three to five steps of appeal( #depends on organization)
- A written account of the grievance
- Alternate routes of appeal beyond the immediate supervisor
- A time limit for each step
- Permission for the employee to be accompanied by one or two co-workers (or someone outside who will be unbiased
What are the Arguments for Due Process
- Objection to Rights-Based Argument for At-Will Employment: freedom of right of property can infringe on the rights of someone else
- Employees rights more important in employee relations than property rights or freedom of contract
(Add more info)
What are the four elements of freedom of expression
The nature of the expression
The subject or topic of the expression
The location or venue of the expression
The audience of the expression
What are the Legal Protection offered for Expression
The First Amendment guarantees freedom of speech.
Employees in the private sector have a right to expression
As such a right is contained in employment contracts (look over)
What is Worker participation
A process that allows employees to exercise some influence
- Over their work
- The conditions under which they work
What is Workplace democracy?
Exists when employees have some real control over :
- Organizational goal-setting
- Strategic planning
* This ensures that their own goals and objectives can be met and not only the organizations
The Right Of Work- Why does work have intrinsic value?
- it is our basic economic contribution to society and helps us feel worthwhile and useful
- it lets us develop our potential and identity as a particular human being
- it lets us develop our character and virtues
- it is a source of self-esteem and self-respect.
The right to Organize
Unions have a right to strike that derives from every worker’s right to quit working so long as doing so does not violate others’ rights.
What are the 4 Characteristics of The Caring Model of Organization
- Caring is focused entirely on persons, not on “profit” or “quality.”
- Caring is undertaken as an end in itself, not as a means to productivity.
- Caring is essentially personal.
- Caring is growth-enhancing for the cared-for.
What are 3 Issues for the “Caring Organizations”
- Caring too much for others can lead to “burnout” of self
- Not caring enough for others because fatigue, self-interest, or disinterest leads us to ignore their needs.
- The organization systematically drives out caring with layoffs, bureaucracy, managerial styles that see employees as disposable, or with rewards that encourage competitiveness and discourage caring.
Define Market Clearing Price(Do more reading on this part of chapter to fully understand this part)
The wage at which exactly the desired number of workers is employed
What is Minimum Wage?
The lowest wage that an employer can legally pay
What are Redundancy Payments, give the act that speaks about it
Definition:
Section 5 of Act- employee has the right to a redundancy payment if his employer ceases to carry on business.
Sec 6- no redundancy payment is due if the employer has terminated the contract for reasons relating to the conduct of the employee
Upon redundancy, employers must provide employees with a written statement detailing how the redundancy payment has been calculated.
State the details of the Jamaican Maternity Leave Act
Act provides female employees with the right to take maternity leave if they have been working with the same employer for at least a year.
Section 3- employers must grant employees a period of 12 weeks maternity leave, with an additional 14 weeks upon receipt of a certificate from a medical practitioner. During maternity leave, employers must pay female employees maternity pay for a period of eight weeks.
Section 4- provides female employees with the right to return to work following maternity leave on the same terms and conditions as before.
