Give examples of instances HRM could utilize outside counsel in your workplace
Introduction Law has provided protection to the employees and employers with various regulations and legal rights. Awareness of these regulations and rights among the concerning parties have always been an issue of concern of government as well as the employing agencies. This is one of the major reason that the role of outside legal counsel help in business for Employment Law and HRM issues are gaining due importance. Discussion In the employment sector various kinds of job offers are available. These job offers vary in the term of tenure, job profiles and payments.
Job market experiences differences in demand and supply which influences the bargaining power of employees and employers. The more jobs offers and less supply of prospects will increase the bargaining power of prospect employees. In that case as well it is important to have control over the way people leave jobs from one company to another and shift their loyalty according to monetary and material benefits they get. On the other case in the situation where fewer jobs are available as compared to applicants, bargaining power of employers increases. In such scenario employers can pay less.
Each of the situations is not good for either. In such case Government provides legal protection to the rights of each party in any given situation. The minimum wage system protects the right to earn decent living for the employees. Job contracts are prepared within the legal framework in which employers can not exploit employees and employees can not just leave the job and move on to another offer for better money without informing well in advance to their current employers. Working conditions are another area of concerns. Each individual should get a healthy working environment and risk coverage.
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Employers need to maintain the minimum criteria for the work environment prescribed by government. Apart from these any discrimination against race, caste, sex, region, religion should be avoided. An employing company may not have adequate knowledge and expertise in all the above mentioned issues and other issues of importance. There are some of the Acts mentioned below which protect various discriminations: “Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination; The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older; Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination. ” Business organization take services of outside legal counsel and safeguard the HRM and legal issues related to it. There are ranges of services which can be taken care with the input of these counsels.
These can help in pre-placement processes by providing the legal framework and information on the limitations and rights which business organization can exercise. These can help in preparing service contracts and ensure that working conditions are within the legal framework. These are also cost effective. Conclusion To safeguard interest of both the parties and in a condition where business organization has limited knowledge and expertise of the legal issues concerning to human resource management, they can go for the outside legal counsel.
These legal counsels will help them ensuring their human resource practices to be within legal framework in a cost effective way.
Reference: Use of Outside Legal Counsel, Wisconsin Technical College System August 2005 retrieved on 20th March 2007 from http://www. legis. state. wi. us/lab/reports/05_OLC_ltr. pdf. Federal Equal Employment Opportunity (EEO) Laws retrieved on 20th March 2007 from http://www. eeoc. gov/abouteeo/overview_laws. html.