EMPLOYEE RIGHTS

Submitted by:

Estrada, Eric Emmanuel H.

Submitted to:

Atty. Sarah Delos Santos

Ethics 110/ BY02

I. Introduction

Employers take on employees to do a job. That job may be

providing some form of service or it could be a contribution to the

actual production of a good. Employers, therefore, expect the

employee to do the job they are employed for to the best of their

ability and in return pay them a wage or salary for the work they do.

Because we are dealing with human beings, there can be

many complications to this seemingly simple relationship.

Complications can come in the form of discrimination, relationships,

prejudices, stereotypes, poor communication, misunderstandings,

misinformation, differing aims and objectives and plain ignorance!

Employers and employees have responsibilities to each other,

they should also expect their rights to be upheld. These rights and

responsibilities relate to areas such as Health and Safety, the

provision of Terms and Conditions of Employment, Equal

Opportunities and the right to be paid a Minimum Wage. The Health

and Safety at Work Acts set out responsibilities and rights for both

employees and employers. Employees are expected to carry out

their work in a way that has regard to the safety of others.

Employers are expected to abide by a range of requirements

governing such aspects as providing safe machinery and

equipment, carrying out regular health and safety checks, ensuring

the training of employees in health and safety issues, and carrying

out a risk assessment to assess the dangers of particular work

activities. There are also specific regulations about the way in which

potentially harmful substances should be used and stored. There

are a number of requirements about the minimum temperature at

work, and other aspects of working conditions.

II. Statement of the Problem

The study sought to answer the following questions:

1.) What are the rights of the employees that gives them benefits on

company’s operation?

2.) What are the rights that protect the employees in case the

company’s operation cause them harm?

III. Theoretical Framework

Minimum Wage

It sets a minimum floor to wages. The rate is currently

reviewed annually with any changes coming into effect on 1

October each year. Three rates are set covering: workers aged 22

and over; workers aged 18 – 21; and workers aged 16 – 17. Almost

all workers are entitled to the NMW, including agency workers, part-

time workers, casual workers, home workers, and foreign workers -

irrespective of experience. The only time an employer can make a

deduction from a worker’s wages which takes their pay below the

minimum wage is if they live in accommodation provided by the

employer although there is a limit to the amount of pay that can be

deducted for this purpose.

Holiday Leave and Pay

A full time worker is currently entitled to a minimum of 5.6

weeks’ (28 days) paid annual holiday a year, which can include

bank and public holidays. Part-time workers are entitled to paid

holiday entitlement proportionate to the number of days they work

each week. Holiday entitlement starts building up from a worker’s

first day at work accruing at one twelfth of their entitlement for

each month worked. Holiday pay must be based on the worker’s

average pay. If, for example, their normal pay includes additional

money for unsocial hours, so must holiday pay. If someone stops

working they are entitled to be paid for any leave not taken.

Part-time Rights

Part-time workers must be treated no less favourably than

comparable full time equivalents. For example, they should get the

same hourly rates of pay, the same leave entitlements

proportionate to the number of days they work each week, the

same entitlement to parental leave and the same access to

promotion opportunities.

Agency Workers’ Rights

Agency workers are usually considered to be ‘workers’ (not

‘employees’), but they are entitled to basic employment rights

including: the national minimum wage, paid holiday, rest breaks

and limits on working time, not to be discriminated against under

any of the equality legislation, protection under health and safety

laws Employment agencies must also comply with special

regulations which provide additional safeguards for temporary

workers. Agencies, for example: Must provide workers with written

terms and conditions setting out the expected rate of pay, the type

of work the agency will try to find, the length of notice and other

relevant details. Pay for any work undertaken regardless of whether

the agency has been paid by the hirer or not. Must not charge

workers fees for finding or seeking work.

Discrimination Issues

There are two types of discrimination – “direct” and “indirect”.

It is worth noting that if certain conditions or requirements in a job

can be shown to be “genuine occupational qualifications” then they

might not be discriminatory. For example, it might be justified for

the owner of a Chinese or a Greek restaurant to advertise for a

Chinese or a Greek waiter because the restaurant setting requires

this. It might be justifiable for a hostel for Asian women who have

suffered violence to specify that it wants only Asian women workers

on the grounds that the women would find it easier to relate to and

communicate with people of the same racial group. It might be

justifiable for a care home for elderly women residents with

requirements for personal care to advertise for a female nurse when

there might be objections to a male nurse undertaking the work. An

employer must avoid discrimination at every stage of the

employment process (e.g. in recruitment, selection and promotion

through to dismissal, and even post dismissal when writing job

references).

Maternity leave and Pay

All pregnant employees – regardless of length of service or

the hours they work – are entitled to paid time off for ante-natal

care and up to 52 weeks’ statutory maternity leave – made up of 26

weeks ordinary maternity leave and 26 weeks’ additional maternity

leave. A minimum of 2 weeks’ leave must be taken after the birth (4

weeks if the employee works in a factory). They also have the right

to benefit from all their contractual terms and conditions (e.g. gym

membership) except wages or salary during their entire maternity

leave period. If an employee returns to work during or at the end of

ordinary maternity leave, she has the right to return to the same

job. If she returns during or at the end of additional maternity leave,

she is entitled to return to the same job unless this is impracticable.

In this situation she is entitled to return to a similar suitable job on

terms and conditions that are no less favourable.

Written Statement of Employment Particulars

All employers have to give their employees a “written

statement of employment particulars” describing their basic terms

and conditions within 2 months of their starting work. Changes can

be made subsequently to an employee’s terms and conditions (for

example, changes to pay, hour’s worked, different duties or a new

workplace). Any agreed changes must be put in writing. Many

employers provide a written contract of employment, but this is not

actually a legal requirement. The minimum requirement is the

statement of employment particulars.

IV. Review of Related Literature

Definition of an employee

Employers engage persons on either contracts of service or

contracts for services. Only a person engaged under a contract of

service is an employee and therefore protected by the full range of

employment legislation. An independent contractor or self-

employed person will have a contract for services with the party for

whom the work is being done. The distinction between a contract of

service, and a contract for services can sometimes be unclear but

the type of contract a person is engaged under can have serious

implications for both employer and employee in matters such as

employment protection legislation, taxation and social welfare.

Disciplinary Procedure and Dismissal

The Labour Relations Commission has published a Code of

Practice: Grievance and Disciplinary Procedures (pdf) which states

that employers should have written grievance and disciplinary

procedures. Disciplinary procedures set out the stages and process

firm should follow in relation to alleged shortcomings of an

employee.

Generally, the procedures allow for informal warnings leading

to written warnings and ultimately to dismissal. Under the Unfair

Dismissals Acts you are required to give employees written notice of

the procedures to be followed before dismissal. This must be done

within 28 days of entering the contract of employment.

Firm should give employees copies of these at the start of

their employment. If you are considering dismissal company must

follow fair procedures. This includes giving firm’s employee

appropriate warnings, making them fully aware of the allegations

against them and give them an opportunity to present their side.

The firm must also give them the opportunity to be represented in

any disciplinary procedures by, for example, a trade union official or

other representative.

If the firm do dismiss an employee, the firm must be able to

show that that there were fair grounds for the dismissal and that

fair procedures were followed.

Health and Safety in the workplace

Under the Safety, Health and Welfare at Work Act 2005

employers have a duty to ensure employees’ safety, health and

welfare at work as far as is reasonably practicable. In order to

prevent workplace injuries and ill health the firm are required,

among other things, to:

Provide and maintain a safe workplace, machinery and

equipment

Prevent risks from use of any article or substance and from

exposure to physical agents, noise and vibration

Prevent any improper conduct or behaviour likely to put the

safety, health and welfare of employees at risk (“horseplay” and

bullying at work come within these categories)

Provide instruction and training to employees on health and

safety

Provide protective clothing and equipment to employees (at no

cost to employees)

Appoint a competent person as the organisation’s Safety Officer

Every employer is required to carry out a risk assessment

for the workplace which should identify any hazards in the

workplace, assess the risks arising from such hazards and identify

the steps to be taken to deal with any risks. The company must also

prepare a safety statement based on the risk assessment.

The Health and Safety Authority provides tools to help firms with

these tasks. Employers are obliged to report any accident that

results in an employee missing 3 consecutive days at work (not

including the day of the accident) to the Health and Safety

Authority.

Discrimination Issues

Discrimination means treating different people in different

ways. At work, unlawful discrimination is when someone is treated

worse than others for a reason that has got nothing to do with the

job. Reasons why you can’t be discriminated against include:

gender or gender reassignment, sexual orientation, marriage or civil

partnership, disability, race, colour, ethnic background, nationality,

religion or belief, and age. Positive action is where an employer

gives support to a particular group of people. An employer might

encourage someone with a disability to apply for a job. But the

employer must still appoint the best person for the job, whether or

not they have a disability. Harassment is any unwanted behaviour

that makes someone feel intimidated, humiliated or offended. It can

happen through e-mails and phone calls as well as in face-to-face

situations. Harassment might not be obvious to anyone else. If

employees feel that they are being harassed or discriminated

against, they don’t have to put up with it. They should talk to their

manager or the company’s human resource (HR) department and

be clear about what has happened. An employee shouldn’t get into

trouble for complaining about discrimination or harassment. Direct

discrimination is when someone is deliberately treated worse for

one or more of these reasons. A man applies for a job as a

secretary, but he doesn’t get it because the employer thinks only

women should be secretaries. That’s direct discrimination on the

basis of gender. Indirect discrimination is when a working condition

or rule puts one group of people at a disadvantage for one or more

of these reasons. Shop assistants, who wear turbans for religious

reasons, lose their job because the company’s dress code doesn’t

allow hats or headscarves. That’s indirect discrimination on the

basis of religion or belief.

Bullying at Work

Bullying at work is when one employee tries to intimidate another

employee. It’s usually done to someone in a less senior position.

Bullying isn’t just face-to-face. It can also happen over the phone,

by e-mail or by fax. Examples of bullying behaviour include:

blaming someone for problems caused by other people, treating

someone unfairly, picking on someone, regularly threatening to

sack someone, not giving someone training opportunities, spreading

rumours about someone, and giving someone too much work to do.

If you’re being bullied at work, talk it over with someone as soon as

possible. Speak to your manager or supervisor, or to someone in

your company’s human resources (HR) department. You can also

talk to a representative, like a trade union official. It’s a good idea to

keep a diary of incidents. Write down details of where and when the

bullying occurred, and what happened. Bullying isn’t always

deliberate. The bully might not realise what effect their behaviour is

having on you. If possible, talk to the person directly. Describe what

has been happening and explain why it is a problem. Stay calm and

be polite. If this doesn’t solve the problem and the bullying

continues, the next step is to make a formal complaint. Your

company will have a grievance policy explaining how to do this.

Hours of work, breaks and rest periods

The company are responsible for ensuring that your

employees are given adequate rest. The Organisation of Working

Time Act 1997 sets down the rules governing maximum working

hours and daily and weekly rest breaks.

Leave

Nearly all employees, full-time, part-time, temporary or casual

have annual leave and public holiday entitlements from the time

they start work. Most employees are entitled to 4 weeks’ paid

annual leave per leave year. Part-time workers’ entitlement is

generally calculated as 8% of the hours worked subject to a

maximum of 4 working weeks per leave year. Employers can

determine the timing of annual leave, taking into consideration

work and personal requirements; however the firm should consult

employee or their union in advance. The employee can request pay

for annual leave in advance. Firms are also obliged to allow

employees to avail of statutory protective leave, such as maternity

leave, health and safety leave, parental leave, adoptive leave,

and carer’s leave. There is specific legislation setting down the rules

for each entitlement.

V. Conceptual Framework

Based on the literature review, these are the basic rights of

employees: National minimum wage, holiday leave and pay, sick

leave and pay, Part time rights, Agency workers’ rights,

Discrimination issues, Working Hours, Maternity Leave and Pay.

These rights when implemented will lead to job satisfaction. The

relationship can be depicted and conceptualize in Figure 1. These

rights have different impact on employees.

NATIONAL MINIMUM

WAGE

JOB SATISFACTION

HOLIDAY LEAVE AND PAY

SICK LEAVE

AND PAY

PART TIME RIGHTS

AGENCY WORKER RIGHTS

DISCRIMI-NATION ISSUES

WORKING HOURS

MATERNI-TY LEAVE AND PAY

VI. Conclusion

Most employees and employers operate under what is

known as a master-servant relationship. The employee, the

servant, is expected to perform his duties under the supervision

and for the good of the employer, the master, under this type of

work relationship. However, employers, if left unchecked,

sometimes abuse their power. Employment laws such as the Fair

Labor Standards Act (FLSA) and the Age Discrimination in

Employment Act are designed to balance out the master-servant

relationship so that the employer cannot abuse or discriminate

against the employee. Under these and additional labor laws,

workers have the right to fair compensation, an equal opportunity

for hire and a safe work environment.

The purpose of most labor laws is not to abolish the

master-servant relationship, but rather to make it more equal and

ensure that all individuals have the same opportunity to enter into

such a relationship. Additionally, a key principle of capitalism is

that businesspeople should have the opportunity to engage in

commerce that could result in profits. Thus, some labor laws seek

to protect the rights of the employer. For instance, employers don't

have to hire someone they don't feel is qualified, and it is within

the employer's rights to expect that employees show up on time

and perform the duties for which they were hired. These laws

ultimately protect the employer's productivity and, therefore,

profits, as well as the ability to remain competitive in the

marketplace. Labor laws offer some dual protections to both

employers and employees. For instance, labor regulations dictate

to some degree how employees should interact with other

employees, as well as how employees and employers should

interact. This can eliminate conflicts that prove stressful to

everyone involved. Compliance with labor laws also is financially

beneficial to both employees and employers. If an employer is

compliant, for instance, he avoids fines stemming from not

following the law, as well as potential lawsuits. Similarly, adherence

to labor laws means that employees are properly compensated for

the work they do and, in many instances, receive benefits such as

reduced medical expenses.

Because labor laws preserve the right of the employer to

profit and the right of the employee to compensation that can be

spent and invested, labor laws are crucial to a healthy economy.

Periods of economic growth reflect healthy businesses with

employees who are earning enough to participate as consumers.

Changes in employment laws, as well as laws on operating

procedures in each industry, often happen during periods of

economic recession.

It is important to be aware of employment rights and

responsibilities. Both employers and employees have rights and

responsibilities at work. If you know about your rights, it will stop

you from being treated unfairly or missing out on what you are

entitled to. If you understand your responsibilities, then you and

your employer know what to expect from each other.

VII. Recommendation

For future studies, the researcher recommend to re-

evaluate or to expand the conceptual framework used in this

study. The researcher also suggest to gather respondent from a

particular sector such as the government workplace or a private

business.

VIII. References

o http://www.citizensinformation.ie/

o https://www.gov.uk/government

o http://www.citizensinformation.ie/en/employment