Project Employees Right

8/7/2019 Project Employees Right

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Employee Rights

A Project ReportOn

Employee Rights

Submitted To :-

Dr Mamta Mahapatra

Submitted By : -

RIAZ AHEMAD, MBA


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Acknowledgement

I express sincere gratitude to Dr Mamta Mahapatrawho had given us the support and suggestions during thecompletion of project report. We are very much thankful toher, as she had helped us in every possible manner by

providing us her valuable time and suggestions.

We would also like to thank all our friends, withouttheir co-operation this project would not have completed.We extend our sincere thanks to all those who haveassisted us in doing our project directly or indirectly.


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Executive Summary

When we talk of an organization, a picture of big

company comes across our mind. In a big company,Employee Rights plays an important role. Proper rightsshould be given to each employee for better running of acompany.

Here in this project we have discussed completelyabout the Employee rights i.e. what the rights of anemployee are before and after joining the organization.

This is in the written agreement given by the organization.There are the various acts of Employee rights such asequal payment act, minimum wages act, parentallegislation act, fair and unfair dismissals etc. which arementioned in this project. In all the organization allemployees have an individual right which cannot bechanged by an organization or a company. There is also anright for employee safety and health which is beingmentioned in this project.

It was interesting as well as challenging to learn aboutthe Employee rights. While doing this project, we learnabout many problems faced by organization andemployees for their rights but we are highly impressed bythe way they dealt with such problems.


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Table of Contents

Introduction

Current issue regarding employee rights

Components of employee remuneration

Model motivation and performance

Employment rights regarding incentive schemes

Equal payment rights

Parental legislation act

Qualifying condition

Discipline and their factors

Fair and unfair dismissal

National minimum wages act

Employee counseling

Safety and health

Conclusion

Bibliography


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Introduction

Employment rights have become one of the more

important issues for human resource management to deal

with. Individual are guaranteed certain rights based on

amendments to Indian constitution. Consequently various

laws and Supreme Court rulings are establishing guidelines

for employers dealing with employee privacy and other

matters. There are various acts based on employee rights.

In every organization employee plays an important role for

the better future of a company so they give individual

employee rights to each employee of the company.

Employee Rights plays an important role. Proper rights

should be given to each employee for better running of a

company. Each employee has rights like equal payment,

minimum wages to be given, their safety and health,

regarding their dismissal, promotion and transfer etc. Also

there are current issues regarding employee rights like

drug testing, honesty tests etc. Thus employee rights are

very important in each organization.


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Current Issue Regarding EmployeeRights

There are some current issues regarding employee rights. They are:-

Drug Testing

Honesty Tests

Whistle Blowing

Employee Monitoring and Workplace Security

Other employee rights issues.

Drug Testing:

The process of testing applicants or employees todetermine if they areusing illicit drugs or not. Drug testing intodays organization should be conducted to eliminate drugs in workplace not to catch those who are taking drugs. For instance drugtesting may make better sense when there is A reasonablesuspicion of substance abuse by an employee, or after an accidenthas occurred. Although many might say that same outcome isachieved, its the process, and how employees view the process,that matters.In some organizations individuals who refuse the drug test areterminated immediately. In many organization there arerehabilitation programmed from which they can get help.

Honesty Tests:

A specialized paper and pencil test designed toasses once honesty. Much of the intent of these tests is to getapplicants to provide information about themselves that otherwisewould be hard to obtain. These integrity tests tend to focus on twoparticular areas theft and drug use. But the tests are not simplyindicators of what has happened; typically, they asses an applicantspast dishonest behaviors and that individuals attitude towarddishonesty. Based on the evidence, our conclusion is that these


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tests may be useful for providing more information about applicantsbut should not be used as the sole criterion in the hiring decision.

Whistle Blowing:A situation in which an employee notifies

authorities of wrong doing in an organization. Whistleblowingoccurs whenan employee reports the organization to an outsideagency for what the employee believes is an illegal or unethicalpractice. In the past, these employees were often subjected tosevere punishments for doing what they believed was right. Thethrust of these policies is to have an established procedure wherebyemployees can safely raise these concerns and the company can

take corrective action.

Employee Monitoring and workplace security:

An activity whereby the company is able to keepinformed of its employees activities. Work place security hasbecome a critical issue for employers. Work place security can bedefined as actions on behalf of an employer to ensure thatthe employers interests are protected: that is workplacesecurity focuses on protecting the employees property andits trade business. Specifically targeted for this monitoring aresystem computers, E-mail and telephone. Employers must protectthemselves from employee theft revealing trade secrets tocompetitors or using companys database for personal gain.

Other employee rights issues:

There are various other issues regarding employee rights.Which are as under:

Legislating Love and

Sexual orientation rights.


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Components Of EmployeeRemuneration:

An average employee in the organized sector is entitled toseveral benefits both financial as well as non financial. To bespecific, typical remuneration of an employee is - wages and salary,incentives, fringe benefits, perquisites and non financial benefits.

Remuneration

Non FinancialFinancial

Hourly

andMonthlyRatedwages

Salaries

Incentives

IndividualPlansGroup Plans

FringeBenefits

P.F.GratuityMedicalCareAccidentReliefHealth andgroup

insurance

etc.

Perquisites

Company car

ClubMembershipPaid HolidaysFurnishedHouseStockOptionsSchemes etc.

Job Context

ChallengingjobResponsibiliti

esRecognitionGrowthProspectsSupervisionWorkingconditionJob Sharingetc.

Direct Indirect


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Wages:

Wages represent hourly rates of pay, and salary refers to the

monthly rate of pay, irrespective of number of hours put in by anemployee. Wages and salary are subject to annual increments. Theyare differing from employee to employee, and depend upon thenature of the job, seniority and merit.

Incentives:

Incentive is also called Payments by Results, incentives are paidin addition to wages and salaries. Incentive depends upon

productivity, sales, profit or cost reduction.

There are two types of schemes: individual plans and groupplans.Individual plan is applicable to specific employee performance.Where a given task demands group efforts for completion, incentiveare paid to group as a whole. The amount is later divided amonggroup members on an equitable basis.

Fringe Benefits:

These include such employee benefits as P.F, gratuity, medicalcare, hospitalization, accident relief, health and group insurance,canteen, uniform, recreation and the like.

Perquisites:

These are allowed to executives and include company car, club

membership, paid holidays, furnished house, stock option schemeand the like. Perquisites are offered to retain competent executives.

Non financial benefits:

These include challenging job responsibilities, recognition ofmerit, growth prospects, competent supervision, comfortableworking condition, and job sharing and flexi time.


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Model Motivation & Performance

Here firstly employee sets a goal for himselfkeeping an organization objective in mind.

Then based on performance employee is rewarded.

On the reward of his performance feedback is givenand based on that new goal is formed.

Employees goals are sets based on priorexperiences.

Employee

setsexpectations and goals

Employeeconsiders

equity ofperformance rewards

Performance isrewarded

Rewards

Aregiven

FeedbackTo

Employees

Employee sets new goalsand

Expectations based on priorexperiences


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Employee Rights

Employment Rights RegardingIncentive Schemes

Incentive schemes are many and varied. The internationallabor organization (ILO) classifies all the schemes of payment byresult into four categories.

Schemes where the workers earnings vary in thesame proportion as output

The chief characteristics of the schemes where income vary inproportion to output is that any gains or loses resulting directly from

workers output accrued to him or her. There are two schemes.Straight piece work and standard hour.

Schemes where earnings vary less proportionatelythan output

In this there are four plans. Halsey plan, Rowan plan, Barthscheme and bedaux plan. The common feature of all these is thattime is used as the measure of output and bonus is paid on timesaved, that is, the difference between the standard time-set for thejob and the time actually taken.

Schemes where earnings vary proportionately morethan output

There are two methods in it. High price rate and high standardhour system. Under the former, the earnings of the worker are inproportion to their output, as in straight piece-work, but theincrement in earnings for each unit of output above the standard is

greater.

Schemes where earnings differ at different levels ofoutput

This group includes several schemes like Taylors differentialprice rate, Merrick Differential piece rate, Gantt Task System,Emersons Efficiency Plan. These systems can be best explained by


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describing how earnings vary from minimum to maximum atdifferent levels of output.

Equal Payment Rights

Time off for dependants

All employees are entitled to reasonable time off work withoutpay to deal with an emergency involving a dependant; for example,if a dependant falls ill or is injured, if care arrangements breakdown, or to arrange or attend a dependant's funeral.

Time off work for public duties

Under certain circumstances employers must give employeeswho hold certain public positions reasonable time off to perform theduties associated with them.

This provision covers such offices, among others, as justice of thepeace, prison visitor, and member of a local authority, a policeauthority, a statutory tribunal, and certain health and education

authorities. Employers do not have to pay employees for the timeoff taken for public duties.

Time off work for trade union duties and activities

An employee who is an official of an independent trade unionwhich is recognized by the employer must be allowed reasonabletime off with pay during working hours to:

Carry out those duties as an official who relate to matters forwhich the employer has recognized the union, or any otherfunctions which the employer has agreed the union mayperform.

consult with the employer, or receive information from theemployer, about mass redundancies or business transfers; or

Undergo training relevant to those duties and which isapproved by the union or by the Trades Union Congress.


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An employee who is a member of an independent trade unionwhich is recognized by the employer is entitled to reasonable timeoff for certain trade union activities. The employer is not obliged to

pay the employee for time off for these activities.

The Aces code of practice Time off for trade union duties andactivities provides guidance on the time off to be permitted by anemployer.

Time off for safety representatives

Employees who are:

safety representatives appointed under the SafetyRepresentatives and Safety Committee Regulations 1977 by atrade union recognized by their employer or

representatives of employee safety elected under the Healthand Safety (Consultation with Employees) Regulations 1996, torepresent employees not covered by the 1977 Regulations; or

Safety representatives elected under the Offshore Installations(Safety Representatives and Safety Committee) Regulations1989 are entitled to time off with pay to carry out their

functions and to undergo training.

Time off for occupational pension scheme trusteesand directors of trustee companies

Employees who are trustees of an occupational pension scheme(as defined in section 1 of the Pension Schemes Act 1993) ordirectors of trustee companies are entitled to reasonable time offwith pay to carry out any of their trustee's duties or to receivetraining relevant to those duties.

Time off for employee representatives

Employees who act as representatives for consultation aboutredundancies or business transfers, or are candidates to berepresentatives of this kind, are entitled to reasonable time off withpay during working hours to perform these functions and to receiveappropriate training.


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Time off for activities relating to the TransnationalInformation and Consultation of Employees

Regulations 1999

The Transnational Information and Consultation of EmployeesRegulations 1999 implement the European Works Council Directivein the UK. They set out requirements for informing and consultingemployees in undertakings or groups with at least 1000 employeesin European Union countries and at least 150 employees in each oftwo or more of the Ems member states. These regulations allowemployees reasonable time off with pay to perform their functionsas a member of a special negotiating body or a European WorksCouncil, as an information and consultation representative or as acandidate in an election to be such a member or representative.

Time off for activities relating to the Informationand Consultation of Employees Regulations

The above Regulations implement the EU Directive establishing ageneral framework for informing and consulting employees. TheRegulations will come into force on 6 April 2005. They set outrequirements for informing and consulting employees inundertakings with at least 50 employees. Initially the Regulationswill apply to undertakings with 150 employees and then to

undertakings with 100 employees (April 2007) and eventually toundertakings with 50 employees (April 2008). Employees areentitled to reasonable time off with pay to perform their functions asnegotiating representatives or information and consultationrepresentatives.

Time off for study or training

Employees aged 16 or 17 who have not achieved a certainstandard in their education or training have the right to reasonable

time offwith pay to study or train for a relevant qualification whichwill help them towards that standard. Certain employees aged 18have the right to complete study or training already begun. Thestudy or training can be in the workplace, at college, with anotheremployer or a training provider, or elsewhere.

There is no qualifying period of employment for the employee.


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Time off for job hunting or to arrange training whenfacing redundancy

An employee who is being made redundant, and who has been

continuously employed by the same employer for at least two years,is entitled, whilst under notice, to take reasonable time offwith paywithin working hours to look for another job, or to makearrangements for training for future employment..

Anti-discrimination

Employers wanting confidential advice on equality issues caneither contact the Aces, or an adviser of the Race and EqualityAdvisory Service.

Sex and race

Under the Sex Discrimination Act 1975 (as amended), generallyemployers should not discriminate on grounds of sex, marriage orbecause someone intends to undergo, is undergoing or hasundergone gender reassignment. The Race Relations Act 1976generally makes discrimination by employers on racial groundsunlawful - that is, discrimination on grounds of race, colour,nationality (including citizenship) or ethnic or national origins.

'Discrimination' means treating someone less favorably on anyof these grounds. It includes applying apparently neutral provisions,criteria or practices, unless they can be objectively justified which,though applied equally to all, have a disproportionately detrimentaleffect on particular racial groups or on one sex or on married people(as the case may be) and which cannot be shown to be justifiable(for instance to be job-related). Discrimination also includesvictimizing someone who has made a complaint under these Acts orunder the Equal Pay Act 1970. These three Acts cover discrimination

by employers in recruitment, in all aspects of their treatment ofexisting employees (including pay, training and access topromotion) and when terminating employment.

There are limited exceptions; for instance, where a job has to bedone by a person of a particular sex or from a particular racial groupfor reasons such as authenticity in dramatic performances. The RaceRelations Act does not apply, except for victimization, to people


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employed to work in a private household. Both Acts permitemployers,


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under certain conditions, to train employees of one sex or of aparticular racial group in order to fit them for particular work inwhich their sex or racial group has recently been under-represented;they may also encourage the under-represented sex or racial group

to take up opportunities to do that work.

Individuals' complaints under the employment provisions of theseActs go to employment tribunals. The Equal OpportunitiesCommission (EOC) and the Commission for Racial Equality (CRE)both have statutory responsibilities in the employment field: theycan conduct formal investigations and have issued codes of practiceto help eliminate discrimination and promote equality ofopportunity.

The CRE Employment code of practice gives practical guidancefor employers and others on implementing policies to secure goodrace relations in employment. It does not extend the law but it maybe used in evidence in Race Relations Act cases heard by anemployment tribunal, and if the tribunal considers the Code could berelevant to a question arising in the proceedings, it must take it intoaccount.

Equal pay

Employers must give men and women equal treatment in termsand conditions if they are employed on 'like work', work rated asequivalent under a job evaluation study, or work found to be ofequal value. Equal pay is, therefore, not restricted to remunerationalone, but includes most terms in an employment contract. Termscovering special treatment because of pregnancy or childbirth, orreflecting statutory restrictions on the employment of women arenot covered.

Individuals may complain to an employment tribunal under the

Equal Pay Act 1970 up to six months after leaving the employmentto which their claim relates. They may claim arrears of remunerationor damages.

A woman is employed on 'like work' with a man if her work is ofthe same or a broadly similar nature, and any difference betweenthe things they do is not of practical importance in relation to theirterms and conditions of employment. It is for the employer to showthat any difference is of practical importance.


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If it is established that the work is like work, or is rated asequivalent, an employer may still show that any differencesbetween the man's and woman's contracts are genuinely due to a'material difference' (other than the difference of sex) -qualifications for example. If a claim is made under the equal valueprovisions, the employer can also justify a difference in pay byshowing material factors not attributable to personal qualities - anexample could be the need to pay a computer programmer morethan a clerical supervisor because a good programmer could not beobtained for less.

Disability

Under the Disability Discrimination Act 1995 employers with 15 ormore employees must not discriminate against current andprospective employees who have, or have had, a disability.Discrimination occurs when, for a reason related to the person'sdisability, an employer treats someone less favorably than he or shewould treat other people, and cannot justify this treatment. It cannotbe justified if, by making a 'reasonable adjustment' (see below), the

employer could remove the reason for the treatment. Discriminationalso occurs when an employer fails to make a 'reasonableadjustment' for a disabled person, and cannot justify the failure.

From 1 October 2004, the employment provisions of the DDA willapply to employers of all sizes. Changes are also being made to thedefinition of discrimination, and discrimination on the grounds ofsomeone's disability will no longer be justifiable. Failure to make areasonable adjustment, and discrimination for a reason related to adisability (rather than on the grounds of the disability itself) will still

be justifiable. Harassment because of disability is specified as beingunlawful.


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A reasonable adjustment is any step or steps an employercould reasonably take to prevent arrangements made by him/her orphysical features of premises occupied by him/her from putting adisabled person at a substantial disadvantage in comparison with anon-disabled person. The duty to make reasonable adjustmentsapplies to any aspect of employment, including the recruitmentprocess, access to training, promotion, access to work benefits orfacilities, and selection for redundancy. From October 2004, theDisability Rights Commission will be empowered to take legal actionin respect of discriminatory job advertisements.

People who have, or have had disabilities and believe that is whythey have been discriminated against in employment matters maymake a complaint to an employment tribunal.

More detailed information and examples are available in TheCode of Practice for the elimination of discrimination in thefield of employment against disabled persons or personswho have had a disability. Detailed information on the definitionof disability is available in Guidance on matters to be taken into

account in determining questions relating to the definitionof disability.

Sexual orientation and religion or belief

The Employment Equality (Sexual Orientation) Regulations 2003and the Employment Equality (Religion or Belief) Regulations 2003make it unlawful to discriminate against someone or harasssomeone on grounds of sexual orientation or religion or belief inemployment and vocational training. The Regulations apply in all

workplaces large or small throughout Great Britain, both in theprivate and public sectors. The cover all aspects of the employmentrelationship, including recruitment, pay, working conditions,training, promotion, dismissals and references.


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'Discrimination' means treating someone less favorably thanothers because of their sexual orientation or their religion or belief.It includes applying provisions, criteria or practices, whichdisadvantage people because of a particular sexual orientation orreligion or belief unless they can be objectively justified.Discrimination also includes victimizing someone who has made acomplaint under these regulations - for example, if someone made

formal complaint of discrimination or given evidence in a tribunalcase. 'Harassment' means unwanted conduct that violates people'sdignity or creates an intimidating, hostile, degrading, humiliating oroffensive environment.

The legislation covers perception of sexual orientation orperception of religion or belief. So it protects people who areassumed - correctly or incorrectly - to be of a particular sexualorientation or to have a particular religion or belief. The legislationalso protects people who are discriminated against because of thesexual orientation or the religion or belief of the people with whomthey associate, for example, their family and friends.

Similarly to sex and race legislation, there are certain exceptionswhere a job has to be done by a person of a particular sexualorientation or religion or belief, but these apply in a very limited setof circumstances. In most cases, a complaint must be made to the

employment tribunal, though in cases involving institutes of furtherand higher education proceedings must be brought in the county orsheriff court.


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Parental Legislation Act

Maternity rights

All employees have the right not to suffer unfair treatment atwork on grounds of pregnancy or maternity. The documentMaternity rights brings together information on maternity leave,maternity pay, protection from detriment or dismissal and the healthand safety at work of new and expectant mothers.

Time off for antenatal care

All pregnant employees are entitled to time offwith pay to keepappointments for antenatal care made on the advice of a registeredmedical practitioner, midwife or health visitor. Antenatal care mayinclude relaxation classes and parent craft classes. Except for thefirst appointment, the employee must show the employer, ifrequested, a certificate from a registered medical practitioner,midwife or health visitor, confirming the pregnancy and an

appointment card or some other document showing that anappointment has been made.

Ordinary maternity leave

An employee is entitled to a period of 26 weeks' ordinarymaternity leave, regardless of her length of service. To qualify, shemust tell her employer no later than the end of the 15th weekbefore the expected week of childbirth:

That she is pregnant.The expected week of childbirth, by means of a medical

certificate if requested.

The date she intends to start maternity leave; this cannormally be any date which is no earlier than the beginning ofthe 11th week before the expected week of childbirth up to thebirth.


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Her employer should in turn notify her of the date on which herleave will end within 28 days of receiving her notification. If the

employer fails to do this, the employee may have protection againstdetriment or dismissal if she does not return to work on time.An employee can change the date she wants her leave to start aslong as she notifies her employer 28 days before the date sheoriginally chose or, if it is earlier, 28 days before the new date shewants her leave to start.

During the 26 weeks, she is entitled to benefit from all her normalterms and conditions of employment, except for remuneration(monetary wages or salary); and at the end of it, she has the right to

return to her original job. If a redundancy situation arises, she mustbe offered a suitable alternative vacancy if one is available. If theemployer cannot offer suitable alternative work, she may be entitledto redundancy pay; but if she unreasonably refuses a suitable offer,she could forfeit her right to redundancy pay.

A woman who qualifies for ordinary maternity leave and whowishes to return to work before the date it is due to end must giveat least 28 days notice, unless her employer didnt notify her ofwhen her leave should end.

Additional maternity leave

Employees with at least 26 weeks' continuous service by thebeginning of the 14th week before the expected week of childbirthare entitled to 26 weeks' additional maternity leave. Their contractof employment continues but with limited terms and conditions.

The additional maternity leave period begins at the end ofordinary maternity leave. This means a woman is entitled to beaway from her job for 52 weeks in total. She does not have to notifyher employer before the start of her ordinary maternity leave thatshe also intends to take additional maternity leave. However, whenher employer notifies her of the end date of her leave, they will havebased their calculation on the assumption that, if she is entitled toadditional maternity leave, she will be taking it, and if she wishes to


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return before she has taken her full 52 weeks' maternity leave shemust give at least 28 days notice.

At the end of additional maternity leave a woman is entitled toreturn to her original job or, if this is not reasonably practicable, to asuitable alternative job. If the employer cannot offer suitablealternative work, she may be entitled to redundancy pay; but if sheunreasonably refuses a suitable offer, she could forfeit her right toredundancy pay.

A woman who qualifies for additional maternity leave and whowishes to return to work before the date it is due to end must giveat least 28 days' notice, unless her employer didn't give her

adequate notice of when her leave should end.

Statutory Maternity Pay

A woman is entitled to Statutory Maternity Pay (SMP) if she hasbeen employed by her employer for a continuous period of at least26 weeks ending with the 15th week before the expected week ofchildbirth, and has average weekly earnings at least equal to thelower earnings limit for National Insurance contributions. SMP can bepaid for up to 26 weeks. SMP is paid by the employer but is partly

(or, for small firms wholly) reimbursed by the state.

Maternity Allowance

Women who do not qualify for SMP may be entitled to MaternityAllowance (MA). MA may also be paid to the self-employed andwomen who have recently left their jobs. MA can be paid for up to26 weeks. MA is paid by the social security or Jobcentre Plus office.To qualify, they must have been employed or self-employed for 26weeks out of the 66 weeks before the expected week of childbirth

and have average weekly earnings of at least 30. For moreinformation, see details under statutory maternity pay (above).


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Dismissal or detriment in connection withpregnancy

An employer may not dismiss an employee or select her forredundancy on grounds related to pregnancy, childbirth or the factthat she has taken or sought to take maternity leave or because shedoes not return to work at the end of her leave in circumstanceswhere her employer gives her insufficient or no notice of when herleave should end. A woman dismissed in these circumstances maymake a complaint of unfair dismissal, regardless of her length ofservice. More information about unfair dismissal procedures can befound in the document Employees also have the right not to suffer

detrimental (unfair) treatment on grounds of pregnancy, childbirthor maternity leave.

Maternity suspension

Employers must take account of health and safety risks to newand expectant mothers when assessing risks in work activity. If therisk cannot be avoided, the employer must take steps to remove therisk or offer suitable alternative work (with no less favorable termsand conditions); if no suitable alternative work is available, the

employer must suspend the mother on full pay for as long asnecessary to protect her health and safety or that of her baby.

The Health and Safety Executive booklet Management of Healthand Safety at Work (L21) contains the relevant regulations andsupporting code of practice, and the HSE booklet New andexpectant mothers at work (HS(G)122) gives further guidance toemployers about assessing health and safety risks to pregnantemployees.

Parental leave

Employees who have completed one year's service with theiremployer are entitled to 13 weeks' unpaid parental leave for eachchild born or adopted. The leave can start once the child is born orplaced for adoption with the employee or as soon as the employeehas completed a year's service, whichever is later. It may be takenat any time up to the child's fifth birthday (or until five years after


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placement in the case of adoption). Parents of disabled children cantake 18 weeks up to the child's 18th birthday.

Employees remain employed while on parental leave and someterms of their contract, such as contractual notice and redundancy

terms, still apply. At the end of parental leave they have the right toreturn to the same job as before or, if that is not practicable, asimilar job which has the same or better status, terms andconditions as the old job; where leave is taken for a period of fourweeks or less, the employee is entitled to go back to the same job.

Wherever possible, employers and employees should make theirown agreement about how parental leave will work in a particularworkplace. Such agreements can improve upon the key elementsset out above but they may not offer less.

Employees can complain to an employment tribunal if theiremployer prevents or attempts to prevent them from takingparental leave. They are also protected from dismissal ordetrimental treatment for taking or seeking to take it.

Paternity leave

Employees who have worked continuously for their employer for26 weeks leading into the 15th week before the baby is due and also

up to the birth of the child are entitled to take one or twoconsecutive weeks paternity leave. To qualify, an employee mustbe the biological father of the child or the mothers husband orpartner and must have or expect to have responsibility for thechilds upbringing. Leave must normally be completed within 56days from the birth of the child and must be taken to care for thechild or support the mother.

The partner of an individual who adopts, or the member of acouple adopting jointly who is not taking adoption leave may be

entitled to paternity leave. The qualifying conditions are similar tothose given above, except that he or she must have worked for theiremployer for 26 weeks leading into the week in which the adopter isnotified of being matched with a child, and must continue to beemployed up to the date of placement of the child for adoption.Leave must be completed within 56 days of the childs placement.

During paternity leave employees are entitled to benefit from alltheir normal terms and conditions of employment except for


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remuneration (monetary wages or salary) and are entitled to returnto the same job at the end of their leave.

Employees can complain to an employment tribunal if theiremployer prevents or attempts to prevent them from taking

paternity leave. They are also protected from dismissal ordetrimental treatment for taking or seeking to take it.

Statutory Paternity Pay (birth and adoption)

During their paternity leave employees may be entitled to one ortwo weeks Statutory Paternity Pay (SPP). The qualifying conditionsfor SPP are the same as those for paternity leave but, in addition,employees must have average weekly earnings at least equal to thelower earnings limit for National Insurance contributions. SPP is

payable by the employer but partly (or, for small firms wholly)reimbursed by the State. There is no equivalent benefit foremployees who do not qualify for SPP or for the self-employed butthere are special rules to allow fathers who are entitled to unpaidpaternity leave to claim Income Support.

Adoption leave

Where a child is placed for adoption on or after 6 April 2003,employees who have worked continuously for their employer for 26

weeks ending with the week in which they are notified of beingmatched with a child for adoption will be eligible for up to 26 weeksordinary adoption leave followed immediately by up to 26 weeksadditional adoption leave. The right is available to individuals whoadopt or one member of a couple adopting jointly.

The employee is required to inform their employers of theirintention to take adoption leave within seven days of being notifiedby their adoption agency that they have been matched with a childfor adoption, unless this is not reasonably practicable. They must

tell their employer:

when the child is expected to be placed with them and

when they want their adoption leave to start

Employers must respond to the notice within 28 days notifyingthem of the date on which they expect them to return to work if thefull entitlement to adoption leave is taken. They can choose to start


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leave from the date of the childs placement or from a fixed datewhich can be up to 14 days before the expected date of placement.

During ordinary adoption leave employees are entitled to benefitfrom all their normal terms and conditions of employment except for

remuneration (monetary wages or salary) and are entitled to returnto the same job at the end of their leave.

During additional adoption leave the employment contractcontinues and some contractual benefits and obligations remain (forexample, compensation in the event of redundancy and noticeperiods). At the end of additional adoption leave employees areentitled to return to their original job or, if this is not reasonablypracticable, to a suitable alternative job. If the employer cannotoffer suitable alternative work, the employee may be entitled to

redundancy pay; but if he or she unreasonably refuses a suitableoffer, she or she could forfeit his or her right to redundancy pay.

Employees who intend to return to work at the end of their fulladoption leave entitlement do not have to give any furthernotification to their employers. Employees who want to return towork before the end of their adoption leave period must give theiremployers 28 days notice of the date they intend to return.

Employees can complain to an employment tribunal if their

employer prevents or attempts to prevent them from takingadoption leave. They are also protected from dismissal ordetrimental treatment for taking or seeking to take it or if theiremployer believed they were likely to take it.

Statutory Adoption Pay

A person who is adopting a child is entitled to Statutory AdoptionPay (SAP) if he or she has been employed by their employer for acontinuous period of at least 26 weeks ending with the week in

which they are notified by the adoption agency that they have beenmatched with a child for adoption, and they have an average weeklyearnings at least equal to the lower earnings limit for NationalInsurance contributions.

The right to apply to work flexibly and the duty on employers toconsider requests seriously


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From April 2003, parents of children under six or disabledchildren under 18 have the legal right to request flexible workingpatterns and their employers will have a duty to seriously considertheir requests. In order to qualify for this right an individual must:

be an employee;

have a child under six, or 18 where the child is disabled;

make the request no later than two weeks before the childs

appropriate birthday;be responsible for the child as its parent;

be making the application to enable them to care for the child;

have worked for their employer continuously for 26 weeks atthe date the application is made;

not be an agency worker or a member of the armed forces;

have not made another application to work flexibly under theright during the past 12 months.

Applications must be in writing. Information that must beprovided includes an explanation of what effect, if any, theemployee thinks the proposed change would have on the employerand how, in their opinion, any such effect might be dealt with. Theemployer must follow a defined procedure to consider the request.In the first instance, they must ensure that they arrange to meetwith the employee to discuss the request within 28 days of receivingthe application. If the request is agreed, the new working patternforms a permanent change to the employee's terms and conditions.

Employers can reject an application where they have a clearbusiness reason to do so. Acceptable business grounds are specifiedin law and an employer must provide a written explanation settingout why the ground applies in the circumstances. Employees whoseapplications are turned down will be able to appeal against theiremployers decision, and in specific circumstances can take theircase to Aces Arbitration or an employment tribunal.


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Qualifying Condition

The contract

The legal relationship between employer and employee is one ofcontract, based on common law principles. Statutes haveestablished a number of further rights for employees.

A contract of employment exists when an employer andemployee agree the terms and conditions of employment. This isoften shown by the employee's starting work on the terms offeredby the employer. Both are bound by the agreed terms. A contract ofemployment need not be in writing, although contracts ofapprenticeship must be. Employees are entitled to a writtenstatement of the main particulars of their employment. Thisstatement is not in itself a contract but provides information on thecontracts main terms.

Many statutory employment rights are minimum terms. Theemployer and employee are free to agree better terms betweenthemselves in a contract of employment or collective agreement.

When the terms of a contract of employment are not adhered to,either the employee or the employer may have grounds to make a

complaint of breach of contract.

Written statement of employment particulars

Generally employers must give employees a written statement ofthe main particulars of employment within two months of thebeginning of the employment. It should include, amongst otherthings, details of pay, hours, holidays, notice period and anadditional note on disciplinary and grievance procedures.

Employees who are not given a written statement of employmentparticulars by their employer or notification of a change in thoseparticulars, or who contest the accuracy of the written statement,may refer the matter to an employment tribunal. Employers alsomay refer a dispute about the accuracy of a written statement to anemployment tribunal. If the employment has come to an end, thereference must be made within three months of the end of theemployment. The tribunal will decide what particulars the employeeshould have been given.


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Continuity and calculation of payments

Some of the individual employment rights described in this

document depend on an employee having worked a qualifyingperiod of continuous employment.

Normally only employment with the present employer countstowards continuous employment. But there are certaincircumstances in which a change of employer does not breakcontinuity.

Whether those on Government-assisted courses of training in theworkplace are employees or workers will depend on the nature of

the relationship they have with the employer. If it is an employmentrelationship, then their period of training may count towards theperiod of continuous employment necessary for certain employmentrights

The rules for reckoning continuous employment, and also forcalculating a week's pay and tribunal awards arising fromemployment rights, are summarized.

Entitlement and time limits

Normally various qualifying conditions must be fulfilled before aright may be claimed. Some rights apply to all employees as soon asthey start work; others depend on factors such as length of serviceand continuity of employment. For certain rights, various groups ofpeople are excluded.

If an employment right is denied or infringed, an employee cannormally claim a remedy by making a complaint to an employmenttribunal. This must be done within the time limit specified for theparticular right. In most cases, the time limit for a complaint is threemonths after the date of the infringement of the right.

You should always check the rules on who qualifies for theright and its time limit by referring to the relevantemployment legislation document.


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Discipline &Their FactorsA condition in the organization when employees

conduct themselves in accordance with the organizationrules and standards of acceptable behavior. Thus discipline isan part of employee rights because a employee must be indiscipline while performing a job to get an employee right.

Factors to consider while Disciplining:

Seriousness of the problem

How severe the problem is? As noted previously, dishonesty isusually considered a more serious infraction than reporting to work

20 minutes late.

Duration of the problem

Have there been other discipline problems in the past, andover how long a time span? The violation does not take place in avacuum. A first occurrence is usually viewed differently than a thirdor fourth offense.

Frequency and nature of the problem

Is the current problem part of an emerging or continuingpattern of disciplinary infractions? We are concerned with not onlythe duration but also the pattern of the problem.

Extenuating Factors

Are there extenuating circumstances related to the problem?The student who fails to turn in her term paper by the deadlinebecause of the death of her grandfather is likely to have her

violation assessed more leniently than will her peer who missed thedeadline because he overslept.

Management Backing

If employees decide to take their case to a higher level inmanagement, will you have reasonable evidence to justify yourdecision? No disciplinary action is likely to carry much weight if


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violators believe that they can challenge and successfully overridetheir managers decision.

The Progressive Discipline

Process

Written Verbal Warning

The first formal step in the disciplinary process. It is atemporary record of a reprimand that is then placed in the mangersfile on the employee. This written verbal warning should state thepurpose, date and outcome of the interview with the employee.

Written Warning

First formal step of disciplinary process. This is becausethe written warning becomes the part of the employees officialpersonnel file. This is achieved by not only giving the warning to theemployee but sending a copy to HRM to be inserted in theemployees permanent record.

Writtenverbal

warning

Writtenwarning

Suspension

Dismissal


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Suspension

A period of time off from work as a result of disciplinaryprocess. It is usually taken only if the prior steps have beenimplemented without the desire outcome. Exception where

suspension is given without any prior verbal or written warning-occasionally occur if the infraction is of serious nature.

Dismissal

A disciplinary action that results in the termination ofan employee. Dismissal should be used only for the most seriousoffenses. Yet it may be only feasible alternative when an employeesbehavior seriously interferes with a department or the organizationsoperation.

Fair & Unfair Dismissal

Written reasons for dismissal

Employee who are dismissed and have completed at least oneyears continuous employment are entitled to receive, on request(orally or in writing), a written statement of reasons for dismissalwithin 14 days. An employee dismissed during:

her pregnancy or her ordinary or additional maternity leave

his or her ordinary or additional adoption leave

It is entitled to a written statement of the reasons regardless ofhis or her length of service and regardless of whether or not he orshe has requested it.

Notice of termination

Both the employer and employee are normally entitled to aminimum period of notice of termination of employment. After onemonth's employment, an employee must give at least one week'snotice; this minimum is unaffected by longer service. An employermust give an employee at least one week's notice after one month'semployment, two weeks after two years, three weeks after threeyears and so on up to 12 weeks after 12 years or more. However,the employer or the employee will be entitled to a longer period of


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notice than the statutory minimum if this is provided for in thecontract of employment.

Most employees, subject to certain conditions, are entitled tocertain payments during the statutory notice period.

Employees can waive their right to notice or to payment in lieu ofnotice; employers can also waive their right to notice. Either partycan terminate the contract of employment without notice if theconduct of the other justifies it.

.

Unfair dismissal

Employees have the right not to be unfairly dismissed. In mostcircumstances they must have at least one year's continuousservice before they have this right. However, there is no length ofservice requirement in relation to a number of 'automatically unfairgrounds' (see below). Also, the requirement is reduced to one monthfor employees claiming to have been dismissed on medical groundsas a consequence of certain health and safety requirements thatshould have led to suspension with pay rather than to dismissal.

A complaint of unfair dismissal must be received by anemployment tribunal within three months of the effective date oftermination of the employment (usually the date of leaving the job)unless the tribunal considers this was not reasonably practicable.However, from 1 October 2004 the time limit for submitting sometribunal claims will also be extended in certain circumstances toallow statutory minimum dismissal, disciplinary and grievanceprocedures to be followed.

If both the employer and employee agree, instead of going to anemployment tribunal, the case may be heard by an arbitrator underthe Aces Arbitration Scheme.

When hearing the complaint, a tribunal will first need to establishthat a dismissal has taken place. Once dismissal is established, it isnormally for the employer to show that it was for a legitimatereason. Having established the reason for dismissal, the tribunal


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must then in most cases decide whether in the circumstances theemployer acted reasonably in treating that reason as a sufficientone for dismissal. The circumstances taken into account include thesize and administrative resources of the undertaking; but theseconsiderations do not apply if the tribunal finds that the dismissal

was on one of the grounds classed as automatically unfair, becauseit was for one of the following reasons:

pregnancy or any reason connected with maternity;

taking, or seeking to take, parental leave, paternity leave(birth and adoption), adoption leave or time off fordependants;

failure to return from maternity or adoption leave because theemployer did not give or gave inadequate notice of when the

leave period should end; taking certain specified types of health and safety action.

refusing or proposing to refuse to do shop or betting work on aSunday;

grounds related to rights under the Working Time Regulations1998;

performing or proposing to perform any duties relevant to anemployee's role as an employee occupational pension schemetrustee or as a director of a trustee company;

grounds related to acting as a representative for consultationabout redundancy or business transfer, or as a candidate to bea representative of this kind, or taking part in the election ofsuch a representative;

making a protected disclosure within the meaning of the PublicInterest Disclosure Act 1998;

asserting a statutory employment right;

grounds related to the national minimum wage;

qualifying for working tax credit or seeking to enforce a right toit (or because the employer was prosecuted or fined as a resultof such action);

trade union membership or activities, or non-membership of atrade union;

taking lawfully organized official industrial action lasting eightweeks or less (or more than eight weeks, in certaincircumstances);


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performing or proposing to perform any duties relating to anemployee's role as a workforce representative or as acandidate to be such a representative for the purposes of theTransnational Information and Consultation of EmployeesRegulations 1999, or for taking, proposing to take or failing totake certain actions in connection with these regulations;

grounds related to trade union recognition procedures;

exercising or seeking to exercise the right to be accompaniedat a disciplinary or grievance hearing, or to accompany afellow worker;

grounds related to the Part-time Workers (Prevention of LessFavorable Treatment) Regulations 2000;

grounds related to the Fixed-term Employees (Prevention of

Less Favorable Treatment) Regulations 2002;a failure to follow the statutory dismissal procedure;

From 6 April 2005, grounds related to jury service.

If the employment tribunal finds the dismissal was unfair, it willorder one of three possible remedies: reinstatement, re-engagement

or compensation. Orders for reinstatement or re-engagementnormally include an award of compensation for the loss of earnings.

Fair dismissal

Dismissal is normally fair only if the employer can show thatit is for one of the following reasons:

a reason related to the employee's conduct;

a reason related to the employee's capability or qualificationsfor the job;

because the employee was redundant;

because a statutory duty or restriction prohibited theemployment being continued;

some other substantial reason of a kind which justifies thedismissal.


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Where the employer shows that the reason was one of these, thetribunal has to consider whether the employer acted reasonably inthe circumstances by treating this reason as sufficient to dismiss theemployee. Among the circumstances it takes into account are thesize and administrative resources of the employer's undertaking.

It will also take account of whether the employer followedappropriate disciplinary procedures. From 1 October 2004, whenstatutory dismissal and disciplinary procedures come into force1,where those procedures apply and are not treated as having beencomplied with, a dismissal will be unfair if an employee is dismissedwithout the procedure having been followed.

From the same date, however, if an employer fails to follow adisciplinary procedure which goes beyond the statutory procedure,

that failure will not by itself make the dismissal an unfair one -provided that properly following the procedure would have made nodifference to the decision to dismiss, and that the dismissal was fairin all other respects. Dismissal on the grounds of redundancy isunfair if the employee is selected for redundancy (when others insimilar circumstances are not selected) for any of the reasons listedin the 'automatically' unfair (except dismissals in connection withthe right to be accompanied). It may also be unfair for some otherreason, such as the employer failing to give adequate warning of theredundancy, or to consider the employee for alternative

employment.

National Minimum Wages Act

National Minimum Wage

Workers are entitled to be paid at least the level of the statutory

National Minimum Wage (NMW) for every hour they work for anemployer. From 1 October 2004:

the main NMW rate for those 22 or over is 4.85 an hour;

the development rate for those aged 18-21 years old inclusive,and also for older people receiving accredited training for up tosix months after starting a new job with a new employer, is4.10 an hour;
http://www.dti.gov.uk/er/individual/02.htm#f1http://www.dti.gov.uk/er/individual/02.htm#f1


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There will be a new rate for those under 16 and who are aboveschool leaving age of 3.00 an hour.

The following do not qualify for the NMW: the genuinely self-employed, genuine volunteers, apprentices under 19, apprenticesunder 26 who are still within the first 12 months of theirapprenticeship, students doing work as part of their undergraduateor post-graduate course, workers on certain training schemes,residents of certain religious communities, prisoners, the armedforces and share fishermen.

However, there are no exemptions according to size of businessor by sector, job or region. All workers including agency workers,commission workers, part-time workers and casual workers mustreceive at least the NMW.

Other than money, the only benefit that counts towards the NMWis accommodation provided by the employer. From 1 October 2004the amount that can be 'offset' is a maximum of 26.25 per week(3.75 per day).

From 1 October 2004, employers will have to pay their outputworkers (including home workers) the NMW for every hour they workor pay a fair piece rate that allows an average worker to earn theNMW.


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Employees may complain to an employment tribunal of unfairdismissal, regardless of length of service, if they are dismissed

because they qualify for the NMW or because they seek to enforcetheir right to it. Workers who are not employees may complain thatthey have suffered a detriment if their contracts are terminated forany of these reasons. Both employees and other workers are alsoprotected from other detrimental action or deliberate inaction bytheir employer.

Itemized pay statement

All employees are entitled to an individual written pay statement,

at or before the time they are paid. The statement must show grosspay and take-home pay, with amounts and reasons for all variabledeductions. Fixed deductions must also be shown, with detailedamounts and reasons. Alternatively, fixed deductions can be shownas a total sum, provided a written statement of these items is givento each employee in advance - or at the time - of issue of the firstpay statement showing the total sum, and after that at least once ayear.

A dispute relating to the itemized pay statement provisions may

be referred to an employment tribunal by either an employer or anemployee. If the employment has come to an end, the referencemust be made within three months of the end of the employment.

Unlawful deductions from wages

The law protects individuals from having unauthorized deductionsmade from their wages, including complete non-payment. Thisprotection applies both to employees and to some workers.

One of three conditions has to be met for an employer lawfully tomake deductions from wages or receive payments from a worker.The deduction or payment must be:

required or authorized by legislation (for example, income taxor national insurance deductions); or

authorized by the worker's contract - provided the worker hasbeen given a written copy of the relevant terms or a writtenexplanation of them before it is made; or


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Consented to by the worker in writing before it is made.

Protections for individuals in retail work make it illegal for anemployer to deduct more than 10 per cent from the gross amount ofany payment of wages (except the final payment on termination ofemployment) if the deduction is made because of cash shortages orstock deficiencies. Workers who believe they have suffered anunlawful deduction from wages can make a complaint to anemployment tribunal.

Guarantee payments

Certain employees are entitled to a guarantee payment for up to5 days in any 3-month period. This is payable for days on which theywould normally be expected to work under their contract ofemployment, but throughout which their employer has not providedthem with any work (because of, say, reduced demand or lack ofraw materials).

Payment does not have to be made if:

the employee has not completed one month's continuousemployment with the employer;

the employee unreasonably refuses suitable alternative work;

the employee does not comply with the employer's reasonablerequirement to be available to work;

the short-time or lay-off results from a strike, lock-out or otherindustrial action involving any employee of the employer or ofan associated employer.

If the employer makes a payment in respect of the workless dayunder the employee's contract of employment, it is offset againstthe liability to make a guarantee payment for that day.

Redundancy pay

Employers have to make a lump-sum 'redundancy payment' toemployees dismissed because of redundancy. The amount is relatedto the employee's age, length of continuous service with theemployer, and weekly pay up to a maximum - the current maximumis shown in the document. The employer must also provide a writtenstatement showing how the payment has been calculated; at orbefore the time it is paid.


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Service under the age of 18 does not count. Employees who havenot completed two years' continuous employment are not entitled to

a redundancy payment. Entitlement is reduced from age 64 andceases at the age of 65, or at the normal retirement age for the jobif that is below 65. The maximum number of complete years' serviceused in calculating redundancy payments is 20.

Redundant employees may not be entitled to a payment if theyare offered a new job with the same employer, an associatedemployer or a successor employer who takes over the business -provided the new job is offered before the old employment contractexpires and starts within 4 weeks. If the new job differs, wholly or

partly, in capacity, place, terms or conditions, an employee can putoff the decision to accept it for a 4-week trial period; whereretraining is necessary, this period may be extended by writtenagreement.

At the end of the trial period, if the employee is still in the job, heor she is regarded as having accepted it. Employees who reject thenew job before the end of a trial period, because it turns out not tobe a suitable alternative to the old job, or for good personal reasons,are considered to be redundant from the date the original

employment ended. But if a redundant employee unreasonablyrefuses a suitable offer of alternative employment, no redundancypayments will be due.

Any dispute about whether a redundancy payment is due, orabout its size, can be determined by an employment tribunal.

There are special provisions for employees whose remunerationunder their contract of employment depends on their being providedwith work and who are laid off or kept on short time.

If the employer makes a satisfactory redundancy payment at orsoon after the date of dismissal, there is no need for the employeeto submit a formal claim. In any other case, if the employee doesnot make a written claim for a redundancy payment to the employeror make an application to an employment tribunal within six monthsfrom the date the employment ended, then in most cases theemployer is no longer obliged to make a payment.


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Insolvency of the employer

Employees who have been dismissed can receive payments ofcertain debts (within limits) owed to them by an employer who isformally insolvent, as defined in the legislation, from the NationalInsurance Fund.

These debts include arrears of pay for a period of at least oneweek but not exceeding 8 weeks in all; holiday pay for up to 6weeks; compensation for the employer's failure to give them proper

statutory entitlement to notice, and any basic award ofcompensation for unfair dismissal. 'Pay' includes commission,overtime and bonus payments if these are contractual payments;guarantee payments; statutory payments for time off work orsuspension on medical or maternity grounds; and any protectiveaward made by an employment tribunal because the employerfailed to inform or consult the employee's representative about acollective redundancy. All these debts are subject to a maximumweekly limit which is revised each year

The employee should normally first apply for payment to theinsolvent employer's representative (for example, the liquidator,receiver or trustee) who will provide the necessary forms and willthen pass the completed application to the Redundancy PaymentsService. Payment is normally made direct to the employee.

There are also some safeguards for occupational pension rights:trustees of occupational pension schemes may apply to theemployer's representative for payment from the National InsuranceFund, within certain limits, in respect of relevant contributions which

remain unpaid at the date of the employer's insolvency.


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Employee Counseling

A Process whereby employees are guided in overcomingperformance problems. In employee counseling, the manager must

attack the inappropriate behavior, not the person. Whenever anemployee exhibits work behaviors that are in consistent with thework environment such as fighting, stealing, and unexcusedabsence or is unable to perform his or her job satisfactorily, amanager must intervene. In these situations this is done through aprocess called employee counseling. The purpose of employeecounseling is to uncover the reason for poor performance, aresponse that must be elicited from the employee.


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Safety & Health

-: Safety:-

Safety means freedom from the occurrence or risk ofinjury or loss. Industrial safety or employee safety refers to theprotection of the workers from the danger of industrial accidents. Anaccident, then, is an unplanned end uncontrolled event in which anaction or reaction of an object, a substance, a person or a radiationresult in personal injury.

Need for safety :-

Cost saving

Two types of cost are incurred when an accident occurred.Direct cost, inform of compensation payable to victim, medicalexpense etc. other cost is hidden cost which management cannotavoid it includes loss on account of down-time of operators, slowedup production rate, material spoiled and damaged to equipment etc.

Increased productivity

Safety plants are efficient plants. To a large extent, safetypromotes productivity. Employees is safe plants can devote more

time to improvising the quality and quantity of their output andspend less time worrying about their safety an well being.

Legal

There are legal reasons too for undertaking safety measures.There are laws covering occupational health and safety, andpenalties for non-compliance have become quite severe. Theresponsibilities extents to the safety and health of the surroundingcommunity too. There are some civil laws for safety measures.

Morale

Safety is important on human ground too. Management mustundertake accident prevention measures to minimize the pain andsuffering their injure worker and his or her family are often exposedto as a result of the accident. An employee is a worker in the factoryand the bread-winner for his family. The happiness of his familydepends upon the health and well-being of worker.


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-: Health :-

The well being of employee in an industrial establishment isaffected by accidents and by ill health-physical as well as mental.

We propose to examine employee health for the followingangles:

Physical Health

Mental Health

Noise Control

Job Management

Alcoholism

Drug Abuse & Violence in work place

Physical health

Ill health of employees result in reduced productivity, hireunsafe acts, increased absenteeism etc. A healthy worker, on theother hand produces results opposite to these. The worker who ishealthy is always cheerful, confident looking and is an invaluableasset to the organization.

Mental Health

Three reasons may be given for mental health of anemployee. First, mental breakdowns are common in days because ofpressure and tension. Second, mental disturbance of various typesresult in reduced productivity and lower profit for the organization.Third, mental illness takes its tolls through alcoholism, highemployee turn over and poor human relationship

Noise Control

Noise control- an age old problem not tackled till now.Long exposure to excessive noise impairs the hearing of employees.The level and duration of noise and the exposure that is likely to


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cause deafness varies from person to person. But in most industrialoperation noise level exceeds to the agreed nom.

Job Stress

Stress is defined as an adaptive response to an externalsituation the result in physical, physiological and behavioraldeviation for organizational participants. Stress can manifest itself inboth positive and negative ways.

Alcoholism

The effect of alcoholism on the worker and on the work isserious. Both quality and quantity of work decline sharply. An

alcoholic worker is more unlikely to observe safety precaution whileon the job or off the job. Morale of other worker is likely to suffer asthey are required to do the work of their alcoholic peer.

Drug Abuse

Drug usage usually falls into on of the three categories:marijuana abuse, prescription abuse and hard-drug abuse.Employees who are drug addicts are often much more difficult todetect than alcoholics-liquor is easy to smell but not drug addict.

Violence in the work place

Those who are at high risk of violence are taxi drivers,police officers, retail workers etc. violent incident includes fist fight,shooting, stabbing etc. violence disrupts productivity, caused untolddamage to those exposed, and costs employers millions of rupees.

The employee also has rights in following threeaspects:-

Promotion

Transfer

Separation


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Conclusion

Employee rights helps employee to do his job freely.

Thus in each an every organization employee rights play

an important role. Each employee in an organization must

have equal rights, equal payment rights, minimum wages

right, safety right, healthy right etc. Employee also has a

right during his promotion transfer and separation. Thus if

company does not follow any right which is of an employee

than an employee can do legal things against that

company. For employee rights there are various acts

passed on it.


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Bibliography

Sites :-

www.vakilno1.com

www.employeerights.com

Books :-

Human Resource & Personal

Management By K.Aswathappa

Human Resource Management

By Stephen P. Robins

Documents

Project Employees Right