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8.3 Legal Controls On Employment Issues

Businesses must comply with various employment laws regarding contracts, discrimination, health and safety, and minimum wage. These laws protect both employees and employers by outlining rights and responsibilities in the workplace. Contracts of employment, policies, and procedures ensure businesses operate legally and treat staff fairly.

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157 views19 pages

8.3 Legal Controls On Employment Issues

Businesses must comply with various employment laws regarding contracts, discrimination, health and safety, and minimum wage. These laws protect both employees and employers by outlining rights and responsibilities in the workplace. Contracts of employment, policies, and procedures ensure businesses operate legally and treat staff fairly.

Uploaded by

denny_sitorus
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Legal Controls

Can a business do anything it wants?


Outcomes

An understanding of legal controls over:


• Employee Contracts
• Discrimination
• Unfair Dismissal
• Legal minimum wage
• Health and Safety

An understanding of how these laws may impact on


employees and employers
What point is this cartoon
trying to make?
Contract of Employment

• Defined:
– A legal agreement between employer and
worker
– Is legally binding
• Includes:
– employment conditions
– rights
– responsibilities
– duties
See page 119 for specifics in a contract
CoE Further Information

• Sickness benefits / entitlement

• Pension scheme

• Notice period required

• Disciplinary rules and procedures


CoE Additional Information
• Temp contracts require a
contract end date

• Any trade union


agreements that will
affect the employee

• Grievance and appeals


process
Terms and conditions of employment

• The relationship between employer and


employee is complex and both have legal
rights in terms of this relationship.

• Contracts, agreements, procedures, policies


and law govern these relationships.

• Rights of employees are laid out in staff


handbooks and Contracts of employment.
Terms & conditions of employment

• STATUTORY RIGHTS
• everyone has these rights and
they cannot be taken away by
the employer.

• CONTRACTUAL RIGHTS
• Relate to the contract itself and
are specific to the business and
job of the employee
Contracts of employment

• Written document

• EXPRESS TERMS
• Are the terms that are clearly stated in the contract

• IMPLIED TERMS
• Are the terms that are not written down because
they are considered obvious
Rights & responsibilities

EMPLOYERS EXPECT EMPLOYEES TO;


1. Meet the terms of their contract

2. Co-operate in meeting the aims and


objectives of the business

3. Follow health and safety regulations


Rights & responsibilities

EMPLOYEES EXPECT TO BE;


1. Paid according to their contract
2. Provided with a safe working environment
3. Appropriately trained
4. Permitted to join trade unions or staff
associations
5. Allowed access to any confidential
records kept on them as employees
What can’t a employer do?

1. Dismiss unfairly
2. Discriminate
3. Violate health and safety
4. Pay lower than minimum wage
Unfair Dismissal

• An employer must have good cause to


dismiss an employee
• If not, there can be legal action
• Fair Dismissal:
– Gross misconduct (stealing etc..)
– Incompetence
– Continued employee would violate the law
– redundancy
Discrimination

• In general, a company cannot discriminate


based upon:
– selection
– training and development
– pay and conditions
– selection for redundancy
Health and Safety

• How might a work place pose a threat to


an employee’s health?

• Think of as many potential dangers as you


can in this video
Health and Safety

• Question is:

• What must the employer do?

• What should the employer do?


Wages

• A threshold below which no employer can


legally pay an employee regardless of the
situation.
Application

Big IDEA:

• Looking at the situation and seeing if there


is illegal action on the part of the employer
OR
• If it is legal to terminate an employee

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