Free «Legal Issues» Essay Sample

A union in the job settings is an organization comprising of members who are mostly workers. The main objective of a union is to protect the interests of its members in their places of work. The unions are independent of any employer. However, they try to make a strong working relationship with the employers (Kelly & Willman, 2004).

A unionized workforce can change how a person does a job. The unions may pressure the employees, whose work efficiency and performance are more than that of the other members of the union. The union may see this as a conduct unfriendly to other union members. If the productivity of the union workers is less than expected, it means that the workforce of the union members have gone down. In most companies, the majority’s decision is considered; therefore, the union can make decisions to interfere with the workforce thus changing how one does the work (Lanclos, 2012).

The National Labor Relations Act of 1935 guarantees the employees a right to form a union, to choose their own representatives, and to negotiate with their employers for their pay rise. The law prohibits employers from taking disciplinary measures on employees who join or form unions. Companies fire thousands of employees in their attempt to join unions. This type of firing is illegal. The fines are cheap such that employers afford to pay them and continue breaking the law (Maltby, 2009). The above explanations make it impossible for one to prohibit the employees joining, or even forming a union.

The issue of monitoring employees involves use of automated software. Also, it involves checking phone logs, or recording the calls. All these methods of monitoring have been outlined by data protection law. The law does not stop monitoring in the workplace. Despite that, it has set rules about the circumstances and the way to carry out monitoring (Lane, 2003).

The Family and Medical Leave Act allow the employees 12 weeks of unpaid leave per year. The employer has the responsibility of educating employees on family and medical rights (Labor, 2010). The employee, though unpaid during the leave, continues to receive health care benefits as if he/she were still working normally. At the end of the medical or family leave, the employer has the responsibility to retain the employee in the same position of work that he/she used to be. Misinformation and confusion on such matters of family and medical act can cost the company a lot of money. The employer, therefore, should possess the tools for training the entire team on what they should do or should not do when it comes to matters of family and medical laws (Moore, 1980).

Workdays help in knowing the number of days one has worked within a certain period of time. They can be calculated manually, but it is tiring and not time saving. A function of the Microsoft excel software has been used to perform the workday calculations easily. Alternatively, one can use online calculators by simply entering a few inputs. Manually, we find it through calculating the number of days beginning to the ending of the working period. The total number of working days is attained by adding the number of weekends and then subtracting them from the summation of total days. Finally, the number of holidays during that period is also subtracted (Mehta, 2012).

Layoffs occur primarily due to business conditions and difficult economic times. The employer should go through a checklist of factors before termination of any employee. They should make sure that there is a genuine basis for lay off the employee, keep it confidential, plan ahead so as to consider all the ramifications that might arise later. They should also keep a paper path of their performance and the personal documents of the employee that may help when a case occurs (De Meuse & Marks, 2003).


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