HRM Project on Employees Rights

Share |

We are providing Projects for your business growth and to meet new challenges. Here are some projects prepared by our team of "Developing New Projects" for the Guarantee of your business growth

Beach View about Employee Rights

Although the constitution, bills of rights, and various statues of different countries grant employees many rights – such as free speech, protection against unreasonable search and seizure and due process of the law in civil and criminal proceedings—comparable protections have not, in general, extended to workplace. For example

Gradually, employees have acquired more rights in the workplace by means of statutes, court actions, collective bargaining, and personnel policies instituted by managements in some progressive firms. However, protections in important areas are still lacking or are only emerging very slowly.

Although Beach focus on employee rights by emphasizing that “we must first recognize that employers and managers are responsible for running enterprises and producing goods and services. In order to do this efficiently and effectively, they must be able to recruit, select and develop productive employees; the must have the authority to assign the jobs to the people, to expect an adequate level of performance from these employees, to maintain discipline, to appraise performance and take corrective actions if performance is inadequate, and to transfer people within the organization as may be reasonably necessary. Management has a right to expect that employees will cooperate with other and with supervision. The employer should also expect to receive reasonable loyalty from the employees.

When conflicts occur between employee needs for job protection, free speech, privacy and the like, and employer needs for efficiency and profit there should be formal mechanism for resolution of these differences.

Certain protection and rights have, over the years been accorded to working men and women through federal and state laws. These laws are:

Employees' Rights in the Workplace

Ethan A. Winning has been an employer advocate for over two decades. In order to assist, guide, and counsel employers, it is imperative that he know about the rights of the employee as well as the employer. He analyzes top issues which are important to employees, and to help employees find solutions to problems that they may be having. He calls everyone that is an employee, even the president of a private corporation.

The employer and employee relation, he observed, most important factor for any kind of organization for smooth working conditions and environment. He receives most of complaints, sometimes bitterly, about the treatment that employees receive from employers. Part of this is in large measure due to the current economic boom, and the dearth of skilled employees which has led to "unacceptable" working hours, overtime, and impinging on free time and family time of both exempt and nonexempt personnel.

He realizes that employees have considerable rights in the workplace, dependent to some extent on the existence or lack of state labor codes. He indicate, there are many countries which have no labor code regarding rest breaks, and still others where the code applies only to public employees. In such circumstances, employees are at the mercy and common sense of the employer. These are not constitutional rights but, rather, legislated rights on a federal and/or state level.

According to his point of view at-will employment is a two way street: "Employment is at will, and may be terminated at the will of either party..." Because in which you do not have to give notice, nor do you have to give a reason for quitting. The employer, on the other hand, may be under the constraint of "service letter laws" where, upon the written request of the employee, the employer must state in writing the reasons for termination. Employment is based on the "psychological contract." It is the mechanism which balances rights and obligations of employer and employee. So long as you perform satisfactorily, the employer will continue to employ you and pay a "decent" wage; so long as the employer pays a decent wage, you will continue to work satisfactorily.

Following are the realistic observations about employees' rights in the workplace, based upon over 30 years experience in personnel.

He lists the laws that states government statutes to protect an employees basic interests:

o The Fair Labor Standards Act -- wages and hours, child labor. Being paid for work done.

o Civil Rights Acts -- discrimination based on race, sex, religion, or national origin.

o OSHA -- Basic safety issues including protection from hazardous substances and environment, and now, on a state level, even smoking and violence.

o Privacy Laws -- including background information, access to personnel files, drug testing, even some dress codes.

He believes rights are tempered by reality, and the reality is that it is often too costly to fight "unfair" practices. Perhaps this why there has been a slight increase in unionization activities.

"Learn your workplace rights -- and how to make them work for you." This quotation emphasize to employee that he should have complete understanding of their companies Charter or rules and regulations and their legal codes of his country as well. He presents in these articles some of issues that vary from organization.

o Labor codes regarding an employee's right to have access to documents in his or her personnel files.

o Practice of At-will employment simply states that employment without a definite term may be terminated at the will of either the company or the employee. In other words, neither has to give notice. This may cause misrepresentation.

o Some companies practice probationary period as it is the period in which employee has completed the introductory period and after that companies consider him as confirmed. While some companies use the philosophy of Probationary periods imposed after the individual has failed to perform and is, therefore, "placed on probation." There is so much variation by using this concept. The other thing is that different companies have different limits of Probationary period.

o If the employee can control the use of his time, then the time is not payable. If, on the other hand, the employee has no control then the time is payable. This thing illustrate Winning by the following example; “there are some close calls which have to be made. Recently we were asked about a situation in which the employee had to stay within the area to call in and were required to return the page within 15 minutes of being beeped. Winning judgment on that would be that the time is compensable”

o According to Winning some states which do not allow for the deduction or loss of payment for vacation time which has been accrued but unused at the time of termination or resignation. But also some states which do not allow for a use it or lose it policy for sick leave accrual. That is, should an employee have sick leave left at the time of termination, accrued but unused sick leave must be paid.

o The following states have laws which, in general require that an employer have either a written consent or a written request before having payroll checks directly deposited or electronically transferred into an employee's account. Some of these states do allow for direct deposit without the employee's consent, but the financial institution must be of the employee's choosing.

o There are no laws which require that an employer pay severance to an employee who has been terminated or laid off or who has resigned. An employer has no obligation for severance unless he has entered into a contract which requires such payments or unless there is an implied contract in an employee handbook or other policy manual.

o An employee acceptance of a Resignation earlier than the Date of the Resignation.

o Monitoring Email, simply stated, the federal and state governments have not caught up to the electronic age. Email on an employee's computer is the property of the company, just as his or her desk would be.

By referencing The First Amendment of the United States Constitution the authors Sean Spelber and Brian H. Kleiner states that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances”.

This amendment considers by the writers as their country unique recognition for assigning the people these unique freedoms as a basic part of peoples every day lives.

This article discussed the different freedoms which have their own importance and how they relate in the work environment.

Employers have required to accommodating their employees with regard for expressing their religious beliefs in the workplace. The employers are given some flexibility when it comes to handling their employees. But undue hardship is the main consideration area of this flexibility for the employers. Because an undue hardship on a company would be anything that is prohibitive in size relative to the size of the company itself that goes above and beyond a minimum cost. Many companies will give unpaid days off to employees for the observance of particular religious holidays.

Employees may feel discriminated against if their employers do not provide them with the means to express their religion at work. The worst kind of discrimination due to religious beliefs occurs when the result is the termination of the employee solely because of his or her beliefs. This tends to result in a worse situation between the employee and the employer.

Discrimination based on the lifestyle of employees is more prevalent now than ever before. Many people smoke, drink, or are overweight and employers may deem those lifestyles unhealthy to the individual and to the organization. The main reason companies are taking lifestyle choices by their employees seriously is because of the amount that health care costs are raising. The figure that these costs are rising annually has been pegged near 15% (Stascia, 1991), which is over three times the increase in inflation in the same time frame. There is no single factor that can contribute to the increase in costs, but employers now feel that they can control whom they hire. Discriminating against people based on lifestyle choices is not worth it.

Discrimination against people who exercise their First Amendment right of freedom of speech is the most prevalent. This is largely due to the fact that the concept of speech encompasses a wide variety of topics. Threats, insults, sexual harassment, political statements, art, and humor all fall into the category of speech.

The law gets rather tricky and complex when dealing with these types of problems. This article only has to do with employee discrimination at the workplace and the law is more defined on who is and who is not protected from discrimination.

In a unionized workplace employees have a choice to join and support the labor union that represents their bargaining unit, or they can choose to refrain from joining and supporting the union. Unfortunately, most employees do not know or clearly understand their choices and legal alternatives.

The significance of this article is that instruct both the employee and the practicing attorney about the rights of employees who choose to take some action contrary to the wishes or dictates of a union. Most employees do not realize that by joining a union, they are agreeing to be bound by the union's internal rules and regulations. But any discussion of union fines and internal discipline must begin with the premise that a labor organization may only discipline voluntary members of the organization.

Employees often mistakenly believe that they must become formal members of the union or be discharged. Most individuals in the workplace do not realize that they cannot be required to become or remain a member of a union as a condition of employment. However, even in those non-rights to Work states, formal union membership cannot be required, regardless of the wording in the collective bargaining agreement. Employees who are not members of the union remain "members of the bargaining unit," fully covered by the collective bargaining agreement and all of its provisions regarding salary, benefits, seniority and pensions. Moreover, the union continues to owe these "members of the bargaining unit" a duty of fair representation. While such employees can be prohibited from participating in internal union affairs (such as voting in union elections, voting on decisions to strike or ratify a contract, or running for union office), they are immune from internal union discipline and fines.

The writers seems to the reference to The language of the National Labor Relations Act ("NLRA") it permit unions to negotiate contracts requiring "membership" in the union as a condition of employment. The burdens of membership upon which employment may be conditioned are expressly limited to the payment of initiation fees and monthly dues. It is permissible to condition employment upon membership, but membership, insofar as it has significance to employment rights, may in turn be conditioned only upon payment of fees and dues. Thus, an employee cannot be required to sign a membership card or to take an oath of membership. The Supreme Court has further "whittled down" employees' obligations, so that they need not even pay full union dues. Today, the most that can be required of any employee is the payment of that portion of dues that covers the union's costs of collective bargaining, contract administration, and grievance adjustment, not the costs of the union's political, ideological and non-representational activities.

The law of union discipline can be analyzed under various federal labor law, state contract law, and federal and state "due process" theories. Moreover, the U.S. Supreme Court and the NLRB have made it clear that employees can protect themselves against union discipline by not joining in the first place, or by resigning from the union, notwithstanding the existence of a union security agreement purporting to compel "membership" in the union. Neither employers nor labor unions can be depended upon to give employees an adequate explanation of their rights and obligations.

Some employees forced to become 'members' of the union security clause will be aware of the fact that they must somehow 'limit' their membership to avoid the union's court-enforced fines. And finally, it is clear that what restrains the employee from going to work during a union strike is the union's threat that it will fine him and collect the fine from him in court. The authors hope that more employees become aware of their individual rights, and in a timely fashion. Not only will this enable employees to exercise those rights in a more intelligent and informed fashion, but it will enable involuntary union "members" to protect themselves from unfair or unlawful union disciplinary actions.

The telecommunication sector around the world is going through a process of rapid change in information technology and convergence with focus on mobile internet and value added services. In line with global trends and for meeting the emerging demand, major initiative have been taken by the company to update its network, introduces a range of new value added services and develop a portfolio of information technology, internet and bandwidth related services to enhance the revenue potential of the company.

PTML is progressing according to plan touching 100,000 subscribers in less then four month of operation and annual growth of about 60% is expected in mobile business.

Paknet has acquired a customer base of over 30,000 in its six month of operation while the information technology and internet services may grow even faster (close to about 100% per annum).

Pakistan Telecommunication Company is the public sector national company of international repute. In 1996 the PTCL formed listed on all Stock Exchanges of Pakistan. The company controlling the Human Resource by the Administration/General Department. The company has approximately 45000 employees. The Administration/General Department has the following duties and responsibilities:

Job protection relate to the protection of employee against unjust discharge. As far as PTCL concern this is a public limited organization where employee has been fully protected against all wrongful and unjust discharges.

The company govern on the basis of rules and regulation that are properly mentioned in companies Gazette and employees are properly educate about rules and regulations during his Training session.

But now he appealed to immediate authority or higher authority or the company’s service tribunal according to the nature of case. He can’t go to Labor Courts after the new labor ordinance.

PTCL provides for due process and just cause in handling potential termination employees. As mentioned earlier that the employee appeal only higher authority or service tribunal of the company. The due process of the company is given below:

There is no culture of whistle-blowing. Every person will do his work under his area of work scope. The employee duties and responsibilities clearly stated and he or she works only with in this scope. So there is nothing like whistle-blowing culture.

The employee Record has been maintained by the company itself but the employee has its service book. The policy of the company about the privacy is that the company has right of

As far as Protection against layoff is concern, PTCL is the company directly under control to the government so there is the possibility of layoff due to economic constraints but this will be done under Golden hand Shake scheme.

The employee can not sue against the decision of Transfer. This thing clearly mentioned in rules and regulations book gazette. Different kind of transfers are practiced in company

In case of any transfer the company is liable to pay transfer grant to the employee. So this is the employee right.

In case of suspension it is the right of the employee that he will receive the full pay during his suspension period.

So it is the right of the employee to get this facility. So now it is its right to get the medical facility.

Accommodation facility is available for the employees in the form of “Standard House Rent Allowance” or accommodation in PTCL colonies

Maximum age for retirement of an employee is 60 years. Otherwise the employee has right to get the retirement after 25 year of service.

The electric power sector in Pakistan is still primarily state owned, but a privatization program is underway. The main state owned utilities are the Water and Power Development Authority (WAPDA), which has about 11 GW of Installed capacity, and the Karachi Electricity Supply Corporation (KESC) WHICH HAS ABOUT 1.7 GW OF INSTALLED CAPACITY AND SERVES ONLY Karachi and surrounding areas. WAPDA, which is made up of eight regional electricity boards i.e. (PESCO, IESCO, GEPCO, LESCO, FESCO, MESCO, HESCO, QESCO), will be split up for privatization. One regional entity, the FESCO (FASILABAD Area Electricity Board, has begun the privatization process as well. Pakistan set up a National Electric Power Regulatory Authority in 1997.

WAPDA is the public sector national company of international repute. The human resource are controlling by the Administration/General Department. The company has approximately 120,000 employees which are permanent or regular. The Administration/General Department has the following duties and responsibilities:

Job protection relate to the protection of employee against unjust discharge. As far as WAPDA/PEPCO concern this is a public limited organization where employee has been fully protected against all wrongful and unjust discharges.

The WAPDA govern on the basis of rules and regulation that are properly mentioned in companies Gazette and employees are properly educate about rules and regulations during his Training session.

But now he appealed to immediate authority or higher authority or the company’s service tribunal according to the nature of case. He can’t go to Labor Courts after the new labor ordinance.

WAPDA provides for due process and just cause in handling potential termination employees. As mentioned earlier that the employee appeal only higher authority or service tribunal of the company. The due process of the company is given below:

The employee Record has been maintained by the company itself but the employee has its service book. The policy of the company about the privacy is that the company has right of

As far as Protection against layoff is concern, WAPDA is the company directly under control to the government so there is the possibility of layoff due to economic constraints but this will be done under Golden hand Shake scheme. In case of Individual inadequacy the employee also should be layoff. But inadequacy relate to the violation of rules and regulation.

The employee can not sue against the decision of Transfer. This thing clearly mentioned in rules and regulations book gazette. Different kind of transfers are practiced in company

In case of any transfer the WAPDA is liable to pay transfer grant to the employee. So this is the employee right.

In case of suspension, it is the right of the employee that he will receive the full pay during his suspension period.

it is the right of the employee to get this facility. So now it is its right to get the medical facility.

Accommodation facility is available for the employees in the form of “Standard House Rent Allowance” or accommodation in WAPDA colonies

Maximum age for retirement of an employee is 60 years. Otherwise the employee has right to get the retirement after 25 year of service.

PMCL (Mobilink GSM) is the market leader in providing state-of-the-art communications solutions to more than 350,000 people in Pakistan. We can proudly boast of being the first cellular service provider in Pakistan to operate on a 100% digital GSM technology.

Mobilink offer tariff plans that are exclusively designed to cater to the communication needs of a diverse group of people, taking into account occasional users to businessmen. To achieve this objective, we offer both post paid (Mobilink Star) and the prepaid (JAZZ) solutions to our customers.

In addition to providing advanced voice communication services, we also offer cost efficient data services to our customers. Keeping in mind our customers’ convenience, we also deal in mobile handsets, sold either independently or bundled in All-in-One Packs.

Mobilink GSM has the most efficient distribution channels that facilitate the sales of our products and services in more than 30 cities and towns across the country. These include:

What makes Mobilink GSM the preferred choice of its customers is that we provide state-of-the-art value Added Services that no other cellular

operator offers. A few of these include Short Message Service (SMS), Mobilink GSM-The News Infoservices, Mobilink GSM G-Mail, Mobilink GSM G-Mail, Mobilink GSM Fax & Data Services, International Roaming, Secure Communication and Innovative tariff structures

MOBILINK is the private sector Multinational Company of international repute. The human resource is controlling by the Administration/General Department. The company has approximately 1,000 employees which are permanent or on commission basis. The Human Resource department is performing the following duties and responsibilities:

Job protection relate to the protection of employee against unjust discharge. As far as MOBILINK concern this is a private limited organization where employee has been protected only on the company will. So there is maximum chance of wrongful and unjust discharges.

The MOBILINK has Human Resource Department which is liable for implementation of rules and regulations that are properly mentioned in companies Gazette book and employees are properly educate about rules and regulations during his Training session.

But now he appealed to immediate authority or Human Resource Department according to the nature of case. There is no concept of appealing

MOBILINK provides for due process and just cause in handling potential termination employees. But this is the internal policy matter of the company so it is un-shareable for general public.

There is the culture of whistle-blowing because the whole organization is a Team. Every person will do his work actively. So there is a strong culture of whistle-blowing.

The employee Records have been maintained by the company itself completely. The policy of the company about the privacy is that the company has right to

The company takes decision of layoff only its policy basis which is due to economic constraints or may be any other reason. In case of Individual inadequacy the employee also should be layoff. But inadequacy relate to the violation of rules and regulation.

In case of any transfer the MOBILINK is liable to pay transfer grant to the employee. So this is the employee right.

So it is the right of the employee to get this facility. So now it is its right to get the medical facility.

Accommodation facility is available for the employees in the form of “Standard House Rent Allowance” that is included in employee pay structure. Other compensatory elements are included in salary structure of an employee

In my research report I have studied the training program of three different organizations rules and regulation thoroughly.

This purpose, we have designed formal questionnaire in order to get the relevant knowledge regarding the training program the above said organizations. According to our research report we conclude following analysis.

PTCL is more favorite for employment as compared to other two organizations because their employee is completely safe according to job protection point view. While in WAPDA same rights have for employee for job protection point of view but here benefits and services are less from PTCL. MOBILINK exercising the theory y approach. Their employees are working in friendly environment just like a Team. But there is less security of job because it is a private firm.

According to our research we find that Pakistan Telecommunication company limited is best one because being the under control of government on employee right point of view company putting best efforts in order to improve their living standard high and provide more protection to their employees.