essay on employment law

97 Employment Law Essay Topic Ideas & Examples

🏆 best employment law topic ideas & essay examples, ✅ good essay topics on employment law, 📑 interesting topics to write about employment law, ❓ employment law essay questions.

• How Employment Law Has Developed Over the Past 40 Years In the United Kingdom, many laws provide a framework of employees’ and employers’ rights. The following is a list of various acts and statutes which are related to employment laws and are enforced in the […]
• Employment Law Applications: Public and Private Sector This paper analyzes the differences that exist between the public sector and the private sector. The government, through the legislature, does the work of formulating laws that guide the private and the public sector. We will write a custom essay specifically for you by our professional experts 808 writers online Learn More
• Successful Bias Lawsuits: Texas Company in Employment Discrimination Case The allegation was filed by the Department of Labor’s office in 2020, after the evidence indicated a shortfall of black and Asian employees at the company.
• Employment Law Scenario: Barbara’s Bakery The firm should also be comfortable with the employee and feel that the amount it is paying to the employee as salary or wages is dutifully earned.
• Employment Law in Australian Insurance Sector As a matter of fact, there was no evidence to prove that the inclusion of the implied term in the contract was a professional custom in the insurance sector.
• Employment Law: Worker Termination and Dismissal While determining reasonable notice, companies should focus on such aspects as the age of a worker, the length of employment, the health of an employee, and the availability of jobs in the community.
• Aspects of the Employment Law Employment laws have been used for a long time to safeguard the interests of employees and employers at the workplace. Second, the effect of the existing employment laws on the local and overseas executives has […]
• Corporate Governance, Employment and Negligence Law According to the Company’s Act 2006, “the remuneration of the directors will be determined by the directors” in the properly managed company; this means that the board of directors has the mandate to determine and […]
• Employment Law: Working in Shifts and Overtime This document will focus on the edicts of governmental agencies in the United States and regulatory laws ascertained with regard to working in shifts and overtime.
• Employment Law: Dukes vs. Wal-Mart He further recommended that the certification of the case “should not be construed in any manner as a ruling on the merits or the probable outcome of the case” Dukes v.
• Concepts and Issues in Contemporary Employment Law The Age Regulations provide apparent scope to the employers to defend their discriminatory conduct because of the presence of some controversial and uncertain elements in the Regulations.
• UK Employment Law Application The first case which borders on industrial strikes calls for attention in line with the provisions as set out in the procedures governing official and unofficial strikes. An official strike is supposed to have the […]
• Employment Law: Scenarios of Bringing a Civil Suit In the given scenario by ABC apartment company, where a manager used a key to open one of the apartments in the complex during his off duty time and enter a tenant’s apartment and rape […]
• Employment Discrimination and Law Amendment The proposed solution to this problem implies that the government adopts a law amendment in accordance with the aspects of the FEHA Act, which obliges employers to refrain from committing the repetitive employee offense in […]
• Employment Law: Immigration Reform and Control Act Due to this fact, Patricia and other employers are expected to follow the specifications of this law. There are several procedures that Patricia is expected to follow in the process of employment.
• Employment Law in Human Resource Practice In this case, the Bottomless Cup failed in the vetting process and the organization is liable for its employees’ conduct. Barry can sue the organization for assault and damages caused in the process and this […]
• Employment Law and Workplace Relations in the UK As to the brief overview of the Contract of Employment, it is an agreement between a worker and an employer that provides a basis for the employment relationships. The second was linked to unfair dismissal […]
• Telephone Interviewing and Equal Employment Law The article by Oliphant, Hansen, and Oliphant titled “A Review of a Telephone-Administered Behaviour-Based Interview Technique” discusses the findings of a study that explores the impact of behavior-based interviews on performance and retention of a […]
• Employment Law in the UAE As Article 3 of the Law states, all personnel working on the premises of the UAE are subject to these regulations.
• UAE Employment Law and Reforms in 2016 The law of employment also referred to as the labor law is a field of law that governs relations between employees and employers.
• Employment Law Principles in the United Kingdom The employment laws currently in use in the United Kingdom can be traced back to the 14th century when the government of the United Kingdom started introducing laws to help define the relationship between the […]
• Employment Law and Health Care One of the most influential and critical laws is the Patient Protection and Affordable Care Act of 2010, commonly referred to as the Affordable Care Act or simply the ACA.
• Employment Law Compliance Plan In India, the increasing employee expectations have resulted in the weakening of authority, more attention to work ethics and an increased number of activists in the employment sector. Therefore, to retain employees in India, it […]
• An Employment Law Compliance Plan for Landslide Limousines The TWC offers information to both the employer and employee on the Texas Minimum Wage Act, and their respective duties, rights and remedies under the Act.
• Employment Law Case Brief Analysis However, the plaintiff never signed the letter but instead with the help of his counsel told the defendant that he objected to extension of the layoff.
• Employment Law and Management These cases suggest that managers should know how to protect the peculiarities of labor legislation in order to protect their interests. In particular, managers should know how to protect the interests of their firms.
• Employment Law: Worker Health and Safety Worker health and safety deals with protecting the security, health and welfare of workers. Worker health and safety enhances and maintains physical, psychological and social heath of workers in all jobs to the highest degree.
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• Employment Law in the US: The Majority of State Laws Allow for Employment to Be “At-Will”
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• How Does Employment Law Affect Employee Relations?
• What Are the Employer’s Obligations Under Employment Law?
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• What Is the Personnel Management Strategy According to Employment Law?
• Why Is Employment Law Important for Employees?
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• What Problems Can Be Solved With the Help of Employment Law?
• How Is the Hiring Process According to the Employment Law?
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• What Is the Penalty for Non-compliance With Employment Laws?
• Employment Law: What Is the Procedure and Practice of Court Proceedings in Labor Cases?
• What Are the Basic Employment Rights for a Worker?
• What Can I Sue My Employer for in Georgia Under Employment Law?
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• Employment Law: How to Protect Personal Data?
• How Does Employment Law Regulate Age Discrimination?
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• Chicago (N-B)

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Essay on Employment Law

This report aims to create elaborative and comprehensive recommendations concerning the dismissal of employees from Kurt Takis company without termination. The information includes all the principles and considerations the claimants should follow before the tribunal court reaches a final decision. In this report, the student is expected to understand the essential functions of employment law and how it safeguards employees’ rights. Also, the learning should understand how employees relate with employers as far as employment law is concerned.

Introduction

Employment law is a broad area of law that outlines and sets out the principles used during employees’ employment. The law demands all the private sectors and any other companies to observe and respect employees’ rights [1] . In this case study, the primary purpose of this report’s preparation is to make sure that Kurt Takis company operates within the stipulated laws. In this scenario, Kurt Takis company must engage in the employment law since the law states that any company dealing with more than one employee must be examined by the tribunal law. Following the requirements and expectations of employment law, the tribunals should be conducted to settle the issues concerning sucking and misusing the companies’ works [2] . She is basing the scenarios that happened in the Kurt Takis company; the following recommendations are made [3] . According to the  Civil Rights Act of 1964 , employment law proscribes any form of employment discrimination regarding personal race, gender, or even color. This act stipulates anybody can work in any company so long as he/she meets the qualifications need for the job.  [4]

Recommendations, principles, and considerations

According to the court proceedings  Act of 1992  in America, if the company dismisses an employee from work without reason, the employee should seek their reason for being ignored. [5]  According to this report, the employees should present their claims to the tribunal according to the employment law. The company needs to appreciate the positive efforts and contributions made by the employees. Additionally, the company should not take advantage of sucking the employees following the emergence of the pandemic. Instead, I recommend that the company provide employees with protections [6] . The provisions of the basic protections to the employees will maintain the Kurt Takis company’s constant development. They should use ethical and reasonable approaches to present their cases to the private international law society to the claimants. According to the court tribunal, the employer must inform the employees of the purpose and why the employee dissevers a specific disciplinary action [7] . But the case of Kurt Takis seems to be different than what the employment law demands. Another recommendation and principle that the dismissed employees can use are through the labor lawyers’ approach. In this, the lawyers will perform court tribunals concerning the dismissal of the employees without notice. According to the  National Labor Relations Act , all the formalities create ethical and reasonable interactions between employers and employees, either private companies or public businesses [8] . Therefore, this act recommends all the employees report any cases concerning the work’s dismissal without reasonable notice [9] . Labor lawyers will investigate and oversee why Manjit has been dismissed from the company despite working for an extended period.

Consequently, the employment law should be fair enough to investigate why Manjit does not entail annual leaves [10] . Following this fundamental principle, the claimants will get the right and impartial court tribunals. In this case, Kurt Takis company should understand that Manjit, despite being an artisan in the company, there are employment laws that safeguard his rights [11] . The scenario of dismissing the Manjit from work without explicit and reasonable consent is against civil rights. According to the  Barratt Act 2010 UKSC 41,  the tribunal court specified that any employee’s dismissal should be done through the latter containing effective termination dates. Basing the facts from court rulings, Kurt Takis company contravenes the law by dismissing Manjit from the company without issuing the latter, indicating the reason and grace period for the termination [12] . As the senior trainee supervisor, I recommend that Manjit be the claimant; he should use the same principle to know why he was dismissed from the company.

To satisfy the need of claimants, in this case, the tribunal must contact the Acas before submitting the complaints to the employment tribunal [13] . To respond to the second scenario, this report addresses all illegal abuses which employment law revokes. Specifically, the law provides inclusive civic rights that shall be followed when there are employment claimants in the company. In this case, the private international law is applied in the court tribunal. As we are aware, private international law defines the difference between public and private companies. It is the employment law’s work and functions to safeguard and protect the results’ working rights. This report’s main aim is to basically give the way forward to the Manjit as the employee to seek the reason why he was sucked from the company even without termination. This report provides elaborative principles and procedures for all the works in the three scenarios to present them complaints [14] . Basing this report, compressive recommendations must be made to ensure that the employees are not tortured in the working process [15] . The guidance clearly outlines the possible ways the claimants should use to appear before the tribunal courts.

In addition, the recommendations of this report elaborate under which circumstances the claimants should appear before the court if his/her rights are misused [16] . It’s the responsibility of the tribunal to take the following considerations before giving the final verdict. The tribunal should consider if the employee’s dismissal from the company was ethical and according to the active civil rights. The  National Labor Relation Act  stipulates that the employee must be issued with a letter of dismissal indicating the release’s reason and termination date [17] . Therefore, in these scenarios, the tribunal courts must put these acts into considerations. If the tribunal considers all these without omission of any employment law, then there will be fair and ethical judgment to the claimants, thus reaching the final decision. For the tribunal courts to have reasonable and appropriate case proceedings, all these factors must be considered. Another consideration the tribunal courts need to be aware of in this employment law is the ideological differences between the supervisors and local workers [18] . The court should investigate the reason why the Manjit was abused by the senior when he was late. According to the employment law, this is employee assault, and it is not accepted. Therefore, for tribunal courts to render a fair verdict, they have to consider that action; this will help the court reach the final decision.

In conclusion, employment law is a broad legislative law that ensures workers’ rights and working conditions are observed. It is a unique law that provides all court tribunals to consider the claimants’ factors and principles before reaching the final decision. This report focuses solve the issues of dismissal of employee firm Kurt Tikas company without consent reason.

References list

Primarily sources

Ziegler, J.K., 2000. Employment Law-An Employer’s Duty to Third Parties When Giving Employment Recommendations-Davis v. Board of County Commissioners of Dona Ana County.  NML Rev. ,  30 , p.307.

Clermont, Kevin M., and Stewart J. Schwab. “Employment discrimination plaintiffs in federal court: From bad to worse.”  Harv. L. & Poly Rev.  3 (2009): 103.

Moss, S.A., 2017. The Value of the Statement of Employment Law, Based on 50-State Empirical Analyses and the Importance of Clarifying Disputed Issues-But with Caveats about the Restatement’s Imperfect Work Product.  Emp. Its. & Emp. Polly J. ,  21 , p.409.

Lemus, Claudia. “The Adoption of Specialised Competition Tribunals in Latin American Countries: Lessons from Mexico.” Ph.D. diss., Queen Mary University of London, 2020.

Crooks, V. A. (2007). Women’s experiences of developing musculoskeletal diseases: Employment challenges and policy recommendations.  Disability and Rehabilitation ,  29 (14), 1107-1116.

Czepita, S., 2021. Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law. In  Poznań School of Legal Theory  (pp. 231-248). Brill Rodopi.

Sardinha, E., 2020. Protecting Cultural Heritage in International Investment Law: Tracing the Evolution and Treatment of Cultural Considerations in Recent FTAs and Investor-State Jurisprudence.  Handbook of International Investment Law and Policy , pp.1-25.

O’Sullivan, M., Turner, T., Kennedy, M. and Wallace, J., 2015. Is individual employment law displacing the role of trade unions?.  Industrial Law Journal ,  44 (2), pp.222-245.

Salzman, Z., 2020. Liquidated Damages Clauses in Employment Agreements.  ABA Journal of Labor & Employment Law ,  34 (2), pp.239-251.

Scoff, M.Z., and Owen, C.L., 2004. Content guidelines for an undergraduate human resources curriculum: Recommendations from human resources professionals.  Journal of Education for Business ,  80 (2), pp.80-85.

Zimmer, M., Sullivan, C.A. and Whit, R.H., 2020.  EMPLOYMENT DISCRIMINATION: Selected Cases and Statutes 2017 Supplement . Aspen Publishers.

Dundon, T., Lucio, M.M., Hughes, E., Howcroft, D., Keizer, A., and Walden, R., 2020. Employment law cases. In  Power, politics, and influence at work . Manchester University Press.

Painter, R. and Holmes, A., 2015.  Cases and materials on employment law . Oxford University Press, USA.

Reisman, W.M., 2013. ‘Case Specific Mandates’ versus ‘Systemic Implications’: How Should Investment Tribunals Decide?: The Freshfields Arbitration Lecture.  Arbitration International ,  29 (2), pp.131-152.

Ranaldi, V., Equal Treatment and the Administrative Tribunal of the International Labour Organisation: Recent Case Law Concerning Discrimination against temporary workers.

King, P., Baker, G., Jones, B., and Ingham, T., 2021. The Official Information Act: Maori with Lived Experience of Disability, and New Zealand Disability Data: a case study.  Policy Quarterly ,  17 (1).

[1]  O’Sullivan, M., Turner, T., Kennedy, M. and Wallace, J., 2015. Is individual employment law displacing the role of trade unions?.  Industrial Law Journal ,  44 (2), pp.222-245.

[2]  Clermont, Kevin M., and Stewart J. Schwab. “Employment discrimination plaintiffs in federal court: From bad to worse.”  Harv. L. & Pol’y Rev.  3 (2009): 103.

[3]  Lemus, Claudia. “The Adoption of Specialised Competition Tribunals in Latin American Countries: Lessons from Mexico.” PhD diss., Queen Mary University of London, 2020.

[4]  Coetzer, N. and Thema, M., 2020. The Labour Court disposes of another hopeless case (and sanctions the attorneys): employment law.  Without Prejudice ,  20 (1), pp.40-43.

[5]  Zimmere, M., Sullivan, C.A. and Whit, R.H., 2020.  EMPLOYMENT DISCRIMINATION: Selected Cases and Statutes 2017 Supplement . Aspen Publishers.

[6]  Dundon, T., Lucio, M.M., Hughes, E., Howcroft, D., Keizer, A. and Walden, R., 2020. Employment law cases. In  Power, politics and influence at work . Manchester University Press.

[7]  Goldberg, J. and Wilkinson, G., 2020. Case law emanating from COVID-19 in the employment space: employment law-COVID-19.  Without Prejudice ,  20 (7), pp.17-18.

[8]  Salzman, Z., 2020. Liquidated Damages Clauses in Employment Agreements.  ABA Journal of Labor & Employment Law ,  34 (2), pp.239-251.

[9]  Painter, R. and Holmes, A., 2015.  Cases and materials on employment law . Oxford University Press, USA.

[10]  Moss, S.A., 2017. The Value of the Statement of Employment Law, Based on 50-State Empirical Analyses and the Importance of Clarifying Disputed Issues-But with Caveats about the Restatement’s Imperfect Work Product.  Emp. Rts. & Emp. Pol’y J. ,  21 , p.409.

[11]  Ziegler, J.K., 2000. Employment Law-An Employer’s Duty to Third Parties When Giving Employment Recommendations-Davis v. Board of County Commissioners of Dona Ana County.  NML Rev. ,  30 , p.307.

[12]  Sincoff, M.Z. and Owen, C.L., 2004. Content guidelines for an undergraduate human resources curriculum: Recommendations from human resources professionals.  Journal of Education for Business ,  80 (2), pp.80-85.

[13]  Crooks, V. A. (2007). Women’s experiences of developing musculoskeletal diseases: Employment challenges and policy recommendations.  Disability and rehabilitation ,  29 (14), 1107-1116.

[14]  Reisman, W.M., 2013. ‘Case Specific Mandates’ versus ‘Systemic Implications’: How Should Investment Tribunals Decide?: The Freshfields Arbitration Lecture.  Arbitration International ,  29 (2), pp.131-152.

[15]  King, P., Baker, G., Jones, B. and Ingham, T., 2021. The Official Information Act: Maori with Lived Experience of Disability, and New Zealand Disability Data: a case study.  Policy Quarterly ,  17 (1).

[16]  Ranaldi, V., Equal Treatment and the Administrative Tribunal of the International Labour Organisation: Recent Case Law Concerning Discrimination against temporary workers.

[17]  Czepita, S., 2021. Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law. In  Poznań School of Legal Theory  (pp. 231-248). Brill Rodopi.

[18]  Sardinha, E., 2020. Protecting Cultural Heritage in International Investment Law: Tracing the Evolution and Treatment of Cultural Considerations in Recent FTAs and Investor-State Jurisprudence.  Handbook of International Investment Law and Policy , pp.1-25.

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Employment Laws and Regulations, Essay Example

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Employment laws and regulations are very essential for the task of ensuring and sustaining cordial relations between employers and employees. As of 1968, writes Weiler, within the preceding 25 years, 29 states in the United States had enacted fair employment laws that prohibit any form of discrimination on grounds of country or region of origin, creed, race, and color (12). Today, in all these states and many others, the orders of the agencies that administer these laws can be enforced judicially and failure by the concerned employers to comply with these orders may lead to imprisonment as well as fines.

Landes notes that during the period within which majority of states in the U.S enacted employment law that prohibited all forms of discrimination, about 50 municipalities had established commissions that dealt with discrimination (507). These commissions, says Landes, had been put in place without the power to enforce the newly-enacted laws, but with a design that made it possible for them to supplement the existing state commissions (507).

However, discrimination is not the only issue that should be addressed by employment laws and regulations. Weiler highlights a case whereby Luck, an employee with South Pacific Transportation company was awarded almost half a million dollars for objecting to the company’s newly conceived regulation that required all employees to be randomly sampled so that those who were selected would undergo a drug test. Luck had been fired for refusing to undergo the test (1).

Weiler observes that Luck’s case is the first one that he has ever heard of whereby the grounds for an employee’s dismissal, which the employee believed to be wrongful, were put under scrutiny after the aggrieved party sought legal redress(2). The case of Luck touches on issues of employees’ personal privacy. It also touches on matters of whether a simple test can be prioritized over past performance record of workers. It also highlights the issue of whether a program that is executed on a random basis should be generalized on the entire employee population. These are important issues that employment laws and regulations are meant to address in great detail.

All contemporary disputes that take place in the workplace have a legal dimension to them. Some of the most commonly legally contested issues include use of lie detector tests, drug tests, pay equity especially in case of jobs that are considered to be “traditionally for women”, affirmative action in the case of minority workers, closings of plants and mass layoffs that affect all employees. Employment law is important since it is always used to determine whether an issue like an employee drug test should be voluntary or mandatory.

Weiler observes that in recent years, private litigation cases have proliferated (2). It is debatable whether people like Luck always have to consult external sources of help whenever they feel that the management is overstepping its mandate of performing governance tasks within a business, organization or institution. On this same note, Weiler is quick to add that rarely are politicians in the American setting preoccupied with the subject of employment, meaning that it enjoys very limited popular critical appeal (2). This is not good since work and employment issues are very important in the development of every country. This is evident in Weiler’s observation that at any given time, about one hundred million Americans are employed in order to support themselves directly and to contribute their usual share towards the national economy, which, on average, stands at three quarters of the country’s gross national income (2).

Landes notes that for a long time, legislators and civil rights organization have been advocating for enactment of new laws on employment to replace the ones that have been in force for many years, if not centuries. (507). No wonder throughout the eighties, many economists and human resource management scholars intensified efforts to introduce different intellectual perspectives into the employment law reform debate. As Weiler says, these reforms, the scholars seemed to emphasize, were very crucial considering the importance that people were trying to attach to the world of work (10).

According to the United States Department of Labor, there are three core issues that a good employment law guide should address (1). These include (a) the law in its literal sense, (b) regulations governing conduct in the workplace and (c) regulations regarding technical assistance services. Within this framework of categories, the United States Department of Labor institutes a seven-point legal framework. The items contained in this framework include: wages and hours worked; safety and health standards; retirement standards, health benefits and workman’s compensation; workplace standards such as lie detector tests and whistleblower and retaliation protection; and federal contracts with regard applicable working conditions; and equal employment opportunity.

The pros and cons of employment laws and regulations

Weiler says that all organizations should be concerned about employees’ problems when enacting employment laws, adding that this is the only way through which a good policy of collective bargaining can be arrived at (8). When there is collective bargaining, it becomes very easy for different workplace problems to be settled privately, locally and voluntarily.

However, the institution of the workplace, owing to its nature that attracts public interest and scrutiny, requires some form of statutory regulation and legal influence. Cooper cites the example of the National Labor Relations Act, which came into existence more than a decade ago in order to encourage employees to organize themselves in the appropriate manner so that viable ideals of collective bargaining can be achieved with relative ease. (599). According to Cooper, this remains a very effective tool of protecting employees from being on the receiving end of coercive force coming from employers (600).

Employment laws and regulations are always very important in the sense that they facilitate arbitration of personnel matters  relating to choice of the optimal mix of workers, hours-employment trade-offs, the question of whether a firm should hire permanent or temporary workers, optimal compensation schemes, management of adverse selection processes, job destruction and human capital and training investment.

One of the greatest cons of employment laws and regulations is the assumption that labor markets the world over follow perfect competitive patterns, something that rarely happens. The reality is that the labor market is full of imperfections. Matters relating to issues of temporary help, retirement benefits, workman’s compensation and provision of training are very sensitive. It is impossible to ensure stability in the labor market without the existence of an employment law that is applicable across the labor spectrum, under all economic circumstances.

Employment laws are often legislated with reference to the most fundamental assumption being that economic times are unchanging, as if there is a certain form of equilibrium that should be considered as a reference point. However, this is seldom the case. Economic recessions are a reality and whenever they happen, employers are left with no any other feasible option but to lay off workers.

The current employment laws, if not properly enforced can be used to bring about fundamental personnel regulatory weaknesses within individual firms. Although it may be difficult to prevent bad, often ephemeral labor laws, from finding their way into statute books, business owners, heads of institutions and organizational leaders can come together to form regulatory networks whose regulations may be binding in all members of the network.  This is a very effective way of creating an active industrial policy that accommodates the views of as many stakeholders as possible.

HR practices to address the topic: Give specific guidelines on how HR can develop programs and/or policies to handle this issue

The effectiveness of employment regulations and laws depends largely on the approach that HR departments take towards their implementation. HR departments have the authority to offer guidelines on matters of restriction of workers’ freedom, grounds for their dismissal, limits on the extent to which workers can use temporary work agencies, limits on time shifts, night work and weekly hours and limits on how employers do part-time work. In other words, the manner in which the HR handles work-related issues determines whether employees will feel the need for legal redress or not.

Employment regulation affects patterns of work both directly and indirectly. For instance, the manner in which temporary work is regulated determines frequency of incidences of temporary work that are observed as well as the actual hours during which employees commit themselves to work. This may also bring about indirect effects such as induction of shift in the employment structure towards forms of work that are not regulated. Employment regulations, owing to their far-reaching effects on macroeconomic variables and aggregate employment effects, should be handled very sensitively. For this reason, it is not possible to enact employment laws without the active participation of HR officials and employees alike.

Employees, if left unsupervised, can make use of existing labor laws and regulations in order to exploit their employers. The converse applies to employers. However, within employer settings, the HR function is very fundamental since it is the work of the human resource department to initiate the selection process without which a contract between employer and employee can never exist.

In the process of executing their mandate, HR managers should put into consideration the views of both the management of the organization and the employees. Where no platforms of addressing the needs of employees exist, HR professionals should always refer to laws governing the rights, responsibilities and obligation of employees. From this reference point, an ideal employee regulatory framework, one that can never come into loggerheads with the law, can be put in place.

Examples of issues that can be addressed through regulations derived from existing employment and labor laws include the duration of notice that should be given before a lay-off comes into effect and the amounts of severance pay that should accrue to employees and under what circumstances that this should happen. However, the legal constraints that affect such regulations differ from one country to the other.

Enforcement of employment regulations within the provisions of the law is a very complicated thing for the HR department of any organization to do. It is a matter that calls for liaison between the department and the organization’s legal office. Alternatively, HR officials may do it on their own if they have many years’ experience of dealing with employee regulation issues as well as the confidence to do it.  A good starting point is composing an employment contract whose wording is legally admissible. Such an employment should imply a collective agreement between employer and employee upon signing by the employee.

Human resource managers should beware of unclear legislations that leave it upon judges to make decisions in matters of contention between employers and employees or their representatives. When regulation is required in such matters, the consent of both parties should be emphasized in order for both parties to the dispute to avoid far-reaching legal implications.

Normative approaches to collective agreements through government decrees constitute another option that human resource managers should use whenever they are called upon to do so. In most cases, any democratic government does not announce such decrees unless they are meant to benefit employees as well as employers in a certain branch or sector within an industry.

In conclusion, employment laws and regulations play a very crucial role in cultivating mutual interdependence between employers and employees in the workplace. As Weiler observes, any issue that affects performance of an employee should be addressed either through statutory provisions or through regulation by employees (10). In either case, the imperfections of labor and employment laws should be addressed through collective bargaining agreements between employers and employees. In some cases, governments put decrees in place in order to bring about immediate solutions to pressing employer and employee problems. It is the responsibility of human resource managers to ensure that the rights, obligations and responsibilities of the organization as well as employees are safeguarded at all times.

Works Cited

Cooper, George and Sobol, Richard. “Seniority and Testing under Fair Employment Laws: A General Approach to Objective Criteria of Hiring and Promotion” Harvard Law Review, 82.8 (1969): 598-1679.

“Employment Law Guide.” United States Department of Labor. 01 Jan. 2010. 05 Apr. 2010. <http://www.dol.gov/compliance/guide/>

Landes, William. “The Economics of Fair Employment Laws” The Journal of Political Economy, 76.4, (1968): 507-552.

Weiler, Paul. Governing the Workplace: The Future of Labor and Employment Law. New York: Routledge, 1990.

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