Employee rights in the workplace permit them to pursue in behavior protected by social sanctions and laws. Laws have enacted by federal and state governments by providing workers particular protection in their relationship with their employer. Employees are also protected by courts from wrongful discharge. These rights contain contractual, Statutory and other rights.
Human resource management is governing by many laws & regulations that have been made to assist maintain, define and preserve employee rights.
People are essentially provided the right to work by discrimination laws without being evaluated on the basis of non-job-relevant elements like origins, religions, race and sex.
See Also: Rights of an Auditor
People are provided the right to expect a particular base level for their jobs by minimum wage level. Under certain prescribed circumstances labor laws provide workers the right to organize & join labor union. Below are the different types of Employee rights you need to aware of them.
Types of Employee Rights in the Workplace
Statutory Rights
The basic statutory rights can be found in laws such as Occupational Safety & Health Act (OSHA), Civil Rights Act and the National Labor Relation Acts (NLRA). Workers are protected by these rights from safe working conditions, discrimination and right to form union.
Contractual Rights
The terms of the employment relationship is detailed in a written employment contract. These contracts generally address such problems as due process, seniority and wrongful discharge.
There are implied contracts, besides written contracts. Employment policies, worker handbooks and statements created by manager or interviewer may be interpreted by courts as implied contracts.
Other Rights
Workers may have rights to limited free speech, ethical treatment and limited privacy beyond statutory and contract rights.
Ways Managers and Supervisors can affect Their Organizations
- Trust is developed by taking actions such as making good on commitments and sharing useful information.
- Perform systematically so that workers are not amazed by unexpected management decisions and actions.
- White lies & actions are avoided and be truthful so that others are not manipulated by particular (false) impression.
- Showing integrity by maintaining confidences and representing concern for others.
- Meet with workers in order to define and discuss what is required of them.
- Guarantee that workers are treated equally, avoiding actual or apparent special treatment of favorites and providing equivalent reward for similar performance.
- Adhere to obvious standards that are viewed as reasonable & just.
- Shows respect towards workers, showing clearly that they recognize the workers’ contributions & strengthens and they care about workers.
Management Rights
The rights to operate the business and to continue any income generated are the rights of management. The right to direct the work force is particularly included in it.
See Also: Labor Union Objectives
Mostly these rights are residual. Residual rights are such remaining that is not influenced by other laws or contracts.
Employment at Will
According to this common law employers have the power to fire, hire, demote or promote whomever they select unless there is contract or law to the contrary.
And under the same constraints, workers have the right to quit & got another job. In the nineteenth century, the employment-at-will rule was adopted.
Employees are not bound to terminate their jobs for any reason, so it is fair according to the court that employers can be able to do the same.
In the certain situations, employment-at-will rule is limited. These contain implied contracts, public policy exceptions and lack of good dealing & good faith.
Employee Rights Challenges
There is a thin line between rights of management and the rights of employees. Workplace problems like electronic monitoring, random drug testing and whistle-blowing highlights this conflict.
Random Drug Testing
Several challenges must be address by business organizations that use drug tests like what to do with the false positives, establishing a policy, whether alternative tests should be used and how to ensure security over urine tests.
Electronic Testing
By electronic monitoring, business organizations try to fight different forms of employee theft. In order to successfully use this kind of monitoring employers should make ways in which monitoring is beneficial to the employees as well, employees should use which devices are being used and the employer should develop appropriate policies which are publicized throughout the business organization.
Whistle Blowing
According to whistle blowing, wrongdoing of management can be notified by the workers. There are certain legal protections associated with the federal employees.
See Also: Line and Staff Aspects of HRM
Employees of private sector on the other hand are less protected. Many business organizations realize that it is in their best interest to establish a policy on whistle blowing because employees may decide to blow the whistle on an employer.
