Unit 5 LAWS & POLICIES
To help uphold human rights in the workplace, it's highly important that every employer enact laws and policies that will protect the employees against any form of discrimination. Basically, these are designed with the sole purpose of ensuring that everyone, irrespective of their beliefs, is treated equally. Thus, through the enactment of these laws and policies, there's a guarantee that the workplace will be an environment that is both welcoming and respectful of all kinds of diversity. Examples of these laws and policies include, but are not limited to:
THE CODE OF CONDUCT:
A code of conduct acts as a foundation in regards to the physical or behavioral standards under which the employees have to carry themselves. These codes are fundamentally influenced by the type of organization. Some of the areas covered under this policy include the dress code (how the employees are supposed to dress - like whether they should wear uniforms, or day(s) of the week when they should wear uniforms, or if they should dress in smart casual or business dresses). To meet the needs of both the employer and the employee, the two should sit down and discuss on what's appropriate and what’s not. Also, every new employee should have the dress requirements outlined carefully in their appointment letters.
Under the code of conduct, there also should be a sub-policy detailing how and when the employees should use the internet, the social media and their company emails. While an employee shouldn't use them inappropriately, like using the internet to visit pornographic websites, s/he should also be given privacy so that they don't feel as though their internet communications are always under Big Brother's watch.
DISCIPLINARY POLICY AND TERMINATION POLICY (PROTECTION AGAINST RETALIATION):
In essence, the termination policy is set to protect employees against any form of wrongful termination, especially if the termination is as a result of them taking legal action against the organization laws and/or policies, or by simply airing their grievances on the same. The best way of enacting this policy is by having the human resource managers create a documentation process that has to be followed every time an employee has to be fired. That way, an employee cannot sue for illegal termination.
On the other hand, the disciplinary policy should outline the appropriate action that should be taken against an employee after failing to perform their duties or adhere to the company laws and policies. Though the action taken is meant to correct the behavior of the employee, it shouldn't be so harsh that it gets in the way of their human rights or performance.
SAFETY IN THE WORKPLACE:
Under the Organizational Health & Safety Act (OSHA), an employee is entitled to a safe workplace failure to which they can refuse to work. Thus, if an employee is injured while working under an unsafe work environment, they are free to sue for compensation. The same applies if the company fails to address viable injuries from around the workplace, such as robberies and assaults that employees may face while going to or coming from work.
ANTI-DISCRIMINATORY POLICY - EMPLOYMENT AND RECRUITMENT EQUITY:
Essentially, this is set to ensure that all people, but most specifically the minority groups, are given equal opportunities in the workplace. These include women, people with disabilities, individuals from minority groups and the Aboriginal people.
This policy has to be exercised when a job vacancy is being advertised, during the recruitment process and also, after employment. Therefore, every company is expected to offer everyone, irrespective of their nationality, religious beliefs, marital status, gender, disability, ethnicity, sexual orientation or age the same opportunities before or while working for/with them.
ANTI-HARASSMENT POLICY - PROTECTION AGAINST SEXUAL HARASSMENT:
Since sexual harassment being one of the most common forms of harassment in the workplace, it's important that everyone be trained on what is or may be considered sexual harassment. All employees should also be given the right to take part in airing any complaints or concerns that they may help in keeping the workplace safe for all. Above all this, the employer should adhere to these policies so as to lead by example.
It's worth noting that sexual harassment is not only limited to women, but to men as well.
LEAVE POLICY:
Due to the variance on the types of leaves available, there has to be a policy that outlines how each of these leaves has to be managed. The best way of doing this is by having the employer give an outline of the types of leaves available, how the employees ought to go about applying for one, who should give the approval, duration of the leave, whether the leave is paid or unpaid and other terms and conditions surrounding the leave.
In a nutshell, workplace laws and policies should always set out the intended purpose of the given policy, give a thorough explanation of what may have led to the development of that policy, give a detailed list of the persons whom the policy applies, set out what is considered acceptable or unacceptable, indicate the consequences that are bound to come by if one fails to comply with the policy and, give a date of when the policy was first developed and when it was last updated.
IMPORTANCE OF ENACTING WORKPLACE LAWS AND POLICIES:
They help in clarifying the responsibilities and functions of both the employees and the employer. Gives proof that the organization is being run efficiently and effectively. Ensures that the organization complies with the employment legislation. Comes in handy when the company's performance and accountability is being assessed. Saves on times. This is based on the fact that these laws and policies act as a guide when a problem needs to be addressed. The employee's strength is given a boost especially when dealing with legal matters. They foster continuity and stability for the company.
Since these laws and policies are designed to cater for the needs of the employer and the employee, both parties should be involved in forming and implementing them. This is because doing so makes it easier for everyone to work towards creating a respectful workplace for not just themselves, but others as well.