Employment Law Laws That Protect Employees In The Workplace

In the nineteenth century and parts of the twentieth century, employees and employers were largely left to themselves to arrange a working agreement, including payment, work conditions, and so on. Employees had to trust that their employers would treat them fairly, and employers knew that if they didn’t treat their workers well, they might leave to work somewhere else. Although this arrangement worked well for many, during the industrial revolution, employees began to lose their leverage of leaving that kept employers in check.

During the industrial revolution, large factories rose up, employing workers by the thousands. Employers rarely had direct contact with their employees, and people akin to task masters oversaw the workers. Working conditions were harsh. If a worker showed up late to work, was in any way disorderly, or tried to unionize, he or she could be fired. Even children were hired and forced to work long hours in unhealthy environments.

And despite poor working conditions, long hours of arduous labor, and low wages, factory employees had nowhere else to go because most places of employment were the same. These difficulties were most often experienced by immigrants and the poor, and because they had no way to improve their situation, these workers had no choice but to work in these factories and other similar places.

Eventually, in the early twentieth century, the government passed a series of labor laws that helped rectify the poor working situation. These laws established minimum wages, work environment regulations, and union rights. And throughout the century, more laws were periodically passed that made illegal any discrimination (based on gender, religion, age, and so on) against employees.

Because of the sufferings of thousands in those prior years, employees today enjoy the benefits of being guaranteed certain rights. Unfortunately, some employers are still found guilty of disobeying these employee-protection laws.

Today, the most common breach of employee rights is discrimination. Some employers may even inadvertently discriminate against employees based on age, gender, race, religion, or disability. But inadvertent or not, discrimination in the workplace is illegal. One of the only exceptions is discriminating against disability. If a job cannot be performed with reasonable accommodation by a person with a disability, the employer retains the right to not hire that person. Of course what is considered “reasonable” is something of a gray area, but the exception is meant to ensure that employers aren’t forced to hire someone who can’t perform the job.

Another common type of discrimination is based on age. Many have the misconception that someone who is older may not be as good a worker as someone who is young. However, if an elderly person meets all of the requirements of job, he or she must be seriously considered on equal footing with other candidates.

In regards to the payroll, gender discrimination is quite common. In general, women are still paid less than men for performing the same jobs. Although this disparity in pay is becoming smaller and is not as bad as it was just a few decades ago, in general, women are still paid less. The problem in detecting this type of discrimination is that people are often prohibited from discussing income with their coworkers, and many people don’t know what is considered fair pay for their jobs.

Another all-to-common illegal occurrence in the workplace is sexual harassment, particularly toward women. Sexual harassment can range from derogatory or sexual comments to receiving promotions based on sexuality to unwanted forceful actions. And sexual harassment is illegal not only if it comes from an employer but from a coworker as well. Unfortunately, in many cases of sexual harassment, the victims are either too embarrassed or scared to come forward and take legal action against the guilty party.

And although discrimination and harassment are illegal, when people take legal action against their employers on the basis of discrimination, feelings of tension or anger may exist between the two parties. And although there may not be much a person can do to resolve the tense atmosphere, employees can rest assured that if an employer attempts to discharge our fire them because they filed a charge of discrimination, the employer will face additional legal charges.

Employers also cannot legally retaliate against those who take protected leave under the Family Medical Leave Act or who file a workers’ compensation claim. Such retaliation is illegal so that employees will not be threatened or discouraged from filing legal charges.

Sometimes employees find it difficult to prove that they are being discriminated against or they may not be entirely sure what legally qualifies as discrimination or unfair treatment. In these cases, an employment attorney can be helpful. Employment attorneys specialize in labor laws and are familiar with past employment law cases, which can help you better understand your rights and determine if you should take legal action against an employer. And whether you’re looking for a Houston employment attorney or one elsewhere, you should research the attorney’s qualifications and experience before hiring one to advise or represent you.

Labor and employment laws were created after years of worker oppression and in response to employees’ demands for fair and equal treatment. Because of these laws, employees are no longer required to work obscenely long hours for little pay, work in unsafe environments, or suffer from harassment and other abuses. Because of these laws, working conditions have drastically improved, and with the current legal system, employees have a means to constantly evaluate, analyze, and continue to improve working conditions in a way that ensures they can do their best work without fear of oppression or discrimination.

Variety In Opportunities For Rrb, Nic & Nmdc Recruitment 2013 Luring Candidates With Pride

People, in general, like to be open to opportunities which gives them different options, especially in the field of employment. Nowadays, a number of companies in India have become existent, which lets people have these kinds of opportunities. Companies and agencies like RRB, NIC, NMDC, etc can be highly alluring for the candidates, especially those who have passed out recently because of their stature in Indian society.

RRB or Railway Recruitment Board is present in 19 different railway zones of the country, which presents a large number of employment opportunities. It is known to everyone that the Indian Railways is one of the largest recruiters in the world and the majority of the recruitment in the railways, is done through the different railway recruitment boards in the country. Therefore RRB recruitment 2013 is an opportunity for people to get to the jobs and increase the chances of improvement in their lives. Starting from the grade 4 vacancies to the various posts such as railway station master and such, most of these recruitments are done through the RRBs, which are spread in different parts of the country.

There are different reasons for employment in the railways and one of the many reasons why people have been coming for the RRB recruitment 2013 is that of the large number of options that the railways present. National Mining Development Corporation is a Navratna company under the Ministry of Steel in India. It is one of those public sector enterprises of India, which bring strength to the Indian economy and a variety to the employment opportunities. To be a part of NMDC is a matter of pride for the recruits and they are opting for the company because there are a number of jobs found with the company.

NMDC recruitment 2013 is therefore sought by people, usually after they pass out from their education. Starting from pharmacist post to that of the engineers, there are plenty of vacancies published by the public sector company for the people who are interested to work in one of Indias leading PSUs. Also, there are a number of offices and mining units under the NMDC, where recruitment is going on and the massive expansion plan is to be rightly corroborated with the help of NMDC recruitment 2013.

Another major company under the Government of India is that of the National Informatics Centre, which is responsible for various IT related works. These activities are carried out in large numbers in the country, now that the government is trying for computerisation and IT linking of the various organisations. Due to the rapid rate of work going on through the NIC, the NIC recruitment 2013 is a prospective time for the students who are seeking to get into various posts in the National Informatics Centre.

For the present, there are vacancies announced for scientific officers and Junior Research Fellow in different places of NIC offices. These are opportunities which people will not be leaving out because they have the potential to put a big jump in the careers of people. The variety of jobs has been the primary reasons, for which people from various areas of the country have been coming out for vacancies in NIC, NMDC and RRB.

Vehicle Tracking And Employee Rights.

Many companies operating fleet who introduce a vehicle tracking system for the first time would, of course, be concerned in the impact on their employees when installing mobile workforce tracking or a GPS vehicle tracking across their entire operation.

The rise of commercial vehicle tracking across the relevant industries dependent on running the most cost-effective and efficient fleet they possibly can has meant many changes of working practice, not least for the vehicle drivers.

Introducing change of an employees working conditions, obviously requires great care to be taken, not least from a legal point of view and how it affects their individual contracts of employment.

Essentially, there are two key differences to be determined when instigating mobile workforce solutions:

Business use only or – Business and Personal use.

Business Use …

Fitting a vehicle tracker into a vehicle to be used only for day-to-day, strictly work related business, e.g. delivery van, it is recommended that employees driving the vehicle should be informed not only that the system will be fitted, but also why it is being fitted, how it works and exactly the nature of the data to be collected and what its use will be and how it is intended to benefit everyone at the company.

It is important that employees fully understand and appreciate all the objective reasons for wishing to obtain the information that will be provided from the system and why it is needed to help with business efficiency and improvement. Concerns and objections raised by employees obviously need to be discussed to reach agreement on fitting the system but legal advice should be sought if agreement cannot be reached.

Business and Personal use…

Essentially, the same considerations as in business use only but with the addition of taking into account that the system will provide data on the vehicles movements outside working time. Concern may be raised by employees that this data could be used to obtain information about their private lives and if so, could be seen as an infringement of their human rights.

Once again, it is strongly advised and to be made absolutely clear that the data collected by the system will only be accessed for data relating to working hours only, unless the vehicle is stolen or in an accident. Employees need to know as to who will have access to the data and its use for business.

Company contracts of employment should be redrawn so there should be clause which allows for the fitting and/or use of the system in any vehicles provide for company/personal use.

Most Common Clauses In An Employment Contract And Agreement

Employment contracts and agreements defines the terms and conditions of the working relationship between an employer and an employee.

The contract shows the duties and responsibilities of the employer to the employee and vice versa.

Although each company has its own template, an employment contract usually contains the following clauses:

Parties Involved

This will specify that the agreement is between the employer and the employee.

Position and Duties

The employment agreement should also specify the title of the position that the employee will be holding, together with the specific duties that the employee will perform as set out by the job description that will be attached to the agreement.

Place of Work

This refers to the location where the employee will be tasked to perform his/her duties.

Working Hours

This refers to the required number of hours the employee must meet.

The employment contract should specify the number of hours the employee must work per week and the number of days in a week.

It should also specify the time that his/her job starts and finishes.

Pay

In this part of the employment contract, the employer can specify the equivalent annual salary that the employee will receive.

The contract should also specify the following:

The period that will be covered for each pay day
The day the payment will be made
The method of which the payment will be given

Public Holidays

This part of the employment agreement specifies that the employee is entitled to be paid for the time worked during a public holiday.

Conflict Resolutions

This part of the employment agreement can specify the process and policies that apply in resolving possible conflicts in the future.

This could include the grievance processes that can be used by the employee to report any practices or policies that they feel are unfair or unjust.

This clause may also include the preferred alternative dispute resolution (ADR) process to resolve employment disputes.

The most common type of ADR process is arbitration because it is much more similar to a court proceeding compared to other ADR forms.

Other Clauses

The employer may also include other clauses that aim to protect the operations and the interests of the company.
Some of them are:

Non-compete clause This prevents an employee from accepting employment from a competitor or start their own venture that will compete with your own company.
Non-solicitation clause This clause prevents your employee from soliciting your clients, customers or suppliers.
Non-disclosure clause This prevents an employee from divulging non-public or proprietary information. The contract should stipulate what defines confidential information.
Anti-raiding clause This prevents former employees from soliciting current employees to leave their employment.
Anti-disparagement clause This prevents employees from making statements that opposes the interest of the company.

Employers are advised to seek help from an expert employment law attorney to make sure that all important areas are covered and that no existing laws are being undermined.

The Rise Of The Temporary Employment Agency

There is a huge influx of skilled professionals and executives into the temporary employment category, which has sprung up a number of temporary employment agencies. One of the harsh lessons learnt by companies from the economic slowdown is not to bite more than they can chew. The volatile economy has left companies with no choice but to disband their long term projections and work for today. Such an attitude has changed the outlook of an average American on temporary employment.

In recent developments it has been noted that the pay rates for temporary workers overweighs those of full-timers. Temporary employment agencies have been on a hiring spree and some of them house more employees than large American corporations. In a dynamic labor market temporary workers not only enjoy the competitive pay, but also the time it gives them for other activities. The average time span of a temporary assignment ranges between 10 to 12 weeks. A lot of the work-force prefers to hang-on to the temporary jobs while looking to land a more stable job; it puts them in a win-win situation. In 2010 it was predicted that temporary workers would account for 4% of the workforce within three years, the same number was 1.65% before the recession.

Temporary employment agencies are making hay while the sun is still shining; their clients pay them a service fee and cover the temporary workers wages, payroll taxes, unemployment insurance and workers’ compensation fees. Organizations have also found it profitable to tie-up with such agencies because it reduces their costs by almost 8%.

The picture is not all rosy for temporary employment agencies as they have to shrug off immense competition from fellow agencies. The rise in the number of agencies has also lead to clients being more demanding with respect to negotiating fees and other expenses.

It is also worthy to note that temporary employment agencies are starting to dole out attractive benefits and other perks to further draw more talent towards temporary employment.

With the economy not showing great signs of recapturing its former glory, the rise of temporary employment agencies is a significant development in the larger picture.