1.3 Outline why legislation relating to employment exists. Legislation exists mainly to stop the exploitation of workers, it is important because it explains the rights of both the employer and the employees. Providing them with the proper channels to follow in case their rights are violated. It is good to have these
Confidentiality - Workplace confidentiality is a framework of workplace procedures and policies designed to maintain the integrity of confidential or potentially compromising information handled in the workplace. For certain types of information, there are laws about how the information should be handled, designed to maintain privacy for people trusting companies with confidential information. For others, no specific laws dictate information handling practices, but the workplace develops best practices on the grounds that the information should be
The law on confidentiality and restrictive covenants are in place to ensure that employer’s business interests are protected. Employers may rely on mechanisms such as the confidentiality clauses and restrictive covenants to protect their businesses from damaging competition, disclosure of trade secrets and confidential information. The objective of these provisions is to avoid employees from abusing they employer’s business interests when the employment has come to end. The degree of protection provided to employers differs if the employee has ended the contract of employment. The implied duty of fidelity protects business interests and imposes a obligation employee must not disclose any information or trade secrets of their employers business.
The employer cannot disclaim liability simply by showing that the employee had been directed not to do what he did. The employee viewed the stealing of the shipment necessary in order to impress the employer, and assumed that he would be commended for what he did even though it more than likely would have been forbidden by his employer. Therefore, this act that the employee did was infact within the scope of employment for purposes of respondeat superior since the employee was acting on the task, and that the assumption that the employee would perform such
(Twomey, 2013). It is illegal for companies to fire employees for declaring their rights under the state and federal antidiscrimination laws. An employee can bring a reprisal claim even if the discrimination claim doesn't work out. (Nolo, 2014). For example, if you fire an employee for complaining that you denied a promotion because of race, you could lose a retaliation lawsuit even if a judge or jury finds that your promotion decision was not discriminatory.
The company must provide safe working conditions free of hazards for its employees. OSHA law is to prevent workplace injuries, and the employer is required by law to provide protective equipment, procedures, and safe practices to prevent workplace injuries. If employee voice complaints of hazardous working conditions, OSHA is obligated to investigate. Employees can refuse to work if the conditions are unusually dangerous and the employers refuse to make the conditions safe. The National Labor Relations Act provides rights for the employees when there is concerted activity among workers that provide a
a. | prohibits unequal pay for men and women doing essentially the same work for the same employer | b. | prevents employees from lowering the wages of either sex to comply with the law | c. | prohibits labor organizations from causing an employer to violate the law | d. | All of the above.
The Wagner Act gave unions the right to organize workers without being harassed or intimidated by employers. It established a National Labor Relations Board, which had the responsibility to assure that elections to determine if a union would represent workers would be fair and to oversee the collective bargaining that took place between unions and management after a company was unionized. The Wagner Act allowed workers to strike, picket, and boycott business with which they were having disputes. It made illegal so-called company unions, which were employee organizations sponsored by employers. It also outlawed blacklisting, intimidation, and industrial spies.
Happy Trails, LLC have the right to campaign just as the union organizers do. (National Labor Relations Board, 2013) This could be a pamphlet that discusses the pros and cons of unionization and what unionization could mean to them in their industry. This information should try to be as non-biased as possible to show the staff that the organization can be trusted not to provide false claims. I would also advise this employer not to say anything derogatory about the union but instead state the benefits of a non-union environment. Tell employees they do not need to talk to union organizers, that they can vote against the union, and that the independent living home does not welcome the
It also ensures that regulations, policies and procedures and the rights and responsibilities are being complied with it is also to stop the exploitation of workers by their employers mainly. For example the minimum wage, safety standards, holiday entitlements, maternity leave, redundancy payments, discrimination laws, maximum working hours, age requirements etc. are all good things that protect employees from unscrupulous bosses.