Abstract
Employment laws are enacted for, they offer protection to employees and employers. Understanding and complying with the laws does offer societal benefits. When a company is seeking employees it is necessary to understand the laws to avoid conflict of interest and legal battle there after. The importance of understanding this law and complying with them include the following.
Employee protection
In many countries the relationship between the employer and the employee is known as the master – servant relationship. Under the supervision of the employer, the employees are given the responsibility to comply with the employer demand. However, the employer is not given the responsibility, to curb this problem some acts are enacted. These acts include the following: fair labor standard, age and discrimination employment act, etc.
Employer Protection
The main aim of businessmen in commerce is making a profit. Under the servant- master relationship the employees are protected by many act but the employers are not. This way, some registrations are put into place to protect the employer. For example, employers are not forced to employ someone without the credential or someone who is not fit for the tasks? These registrations are meant to make the business productive, generate profit and be competitive in the market. The third one is recognition of values-Like other laws, reflection of the dominant societal belief is crucial. For instance, discriminatory laws are traced from the societal belief of equality. Compliance with this labor stabilizes the societal principles. Finally, is the stability of the economy-labor laws safeguard the interest of the employer in profit generation also the interest of the employee is taken care off. This is evident through the compensation of damages. Therefore, labor laws are meant for a healthy economy
Family and medical leave act
When taking off the work duties because of the family matters, maybe because of sickness or delivery of a child it is commendable to look into the family and leave act. This shall help in avoiding the conflicts of interest between the organization and the employee. Family and leave act was enacted in the year 1993 where it gives privilege to the employee to meet their family duties. For example, taking care of the ill spouse, child or parent, caring for a newborn, etc.
For the employee to be eligible for the leave the following condition is meant
- He must be in workforces for a period of 12 months
- The duration of work over the 12 months should be 1250 hours
- He works in a location where the company employs 50 workers or more within 75 miles
Provision of the act
Under this family act, the employer is bound to give the employee a total of 12 weeks leave of that is unpaid during a year period. However, the following reasons must prevail
- When giving birth of a child and caring for a new born baby of the employee
- When caring for a close family member with a crucial health problem
- When the employee is sick and cannot do the task given
- For foster care of adapting son or daughter of the employee
After 12 weeks of leave, the employee should return to the workforce, and his or her work should be returned to him with the same pay as before. In a case where his previous work is already given out to someone else the employee is supposed to be allocated a different job, but with the same pay and standard as before.
In company x situation, the manager is right, and the employee should not be paid for the leave lather be given his previous job back.
Age discrimination employment act
The age discrimination act was enacted in 1967 with the sole purpose of protecting the employees above the age of 40 years (Lahey. j, 2008). To prohibit the age discrimination and promote older workers employment this act was brought forth. Workers are supposed to be employed by ability and not age. The reasons that led to enactment of the act are
- Older workers are disadvantaged in the effort to retain their employment due to the rise in productivity.
- High practice of arbitrary in setting of age limits by the organization can work at the disadvantage of the older workers
The age discrimination act state that, it is unlawful for segregation of an employee by an employer in a manner that deprive an individual employment opportunities by the age factor. It is also unlawful for the employer not to hire an individual with his term of employment on the basis of the age factor.
In the company x situation employee, B was discriminated because of his age and therefore a violation of the act. The vice-president should promote the older worker for his performance is good as compared to the younger worker.
America disability act
The America disability act was brought forth in the year 1990. The main purposes were to prohibit the employers including the government from discriminating the disabled in employment opportunities. A qualified disabled candidate in a vacancy of employment should not be discriminated lather should be offered the opportunity to show his capability.
Under this act, a person with a disability is who:
- Has impairment either physical or mental that limit his activities
- Has proof in a record of such impairment.
Under the law, a person with a disability is explained as a person who is able to do the basic duties of their job without the major accommodation These are such as provision of facilities used by the employee with a disability, purchasing the equipment necessary for the disabled employees to do their function. For instance, a deaf can require a sign interpreter or a blind person can require a reader to read the bulletin board for him.
However, the employer is not mandated to provide this accommodation if not asked by the disabled. But if an employer finds out that the disabled condition is causing poor performance, the provision of accommodation is noteworthy though the disabled should approve. Company x situation the disabled demand is on the right with the act.
Therefore, the company is obligated to buy the wheelchair for him, failure of this company will be violating the act.
Understanding and complying with the employment act is sparingly beneficial for the workers and employees. In the first situation, the employee should be conversant with the act to distinguish their rights and the responsibility. In the other situation, the employer is on the wrong side of the act and therefore violating the act.
Reference
Lahey, j. (2008). Women, Age, and hiring. Journal of human resources 43 (1) 30-56.