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Legal Aspects of
Human ResourceManagement
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Human resource management
Human resource management (HRM) is the strategic and
coherent approach to the management of an organization's
most valued assets - the people working there who
individually and collectively contribute to the achievement of
the objectives of the business.
All methods and functions concerning the mobilization and
development of personnel as human resources, with the
objective of efficiency and greater productivity in acompany, government administration, or other organization
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HRM model Human Resource Management is based on ideas andtechniques developed to enhance worker motivation,
productivity and performance.
HRM model emphasizes the need to search for new ways of working
the central role of managers in promoting change
the treatment of workers as individuals rather than
part of a collective workforce the encouragement of workers to consider management
as 'partners' rather than as opponents - 'us and us',
rather than 'us and them
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(HRM) policy and procedures
Human resource management (HRM) is the
understanding and application of the policy and
procedures that directly affect the people working
within the project team and working group.
These policies include
recruitment
retention
reward
personal development
training and career development
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Contemporary HRM issues
HRM deals with issues related to Adding value to an organisation both the labour force
and the business itself
Manage talent within your organisation - try to attractand keep talented and hard-working people in the
organisation.
Globalization
IT
Business Control
Information-workers
Info-management
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HRM Specialty Areas
TRADITIONAL SPECIALTY AREAS Training/Development
Compensation/Benefits
Employee/Industrial Relations
Employment/Recruiting
Safety/Health/Wellness
HRM Research
NEW HRM SPECIALTY AREAS
Work and Family Programs
Cross-Cultural Training
Managing Diversity
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LEGAL ISSUES IN HUMAN
RESOURCE MANAGEMENT
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Introduction: Many years ago, large organizations looked at the"Personnel Department," mostly to manage the
paperwork around hiring and paying people.
But more recently, organizations consider the major
role of HR Department as staffing training and helping
to manage people so that people and the organization
perform at the highest level of their capacity
modern HRM views manpower as resource and asset of
the organization
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Introduction: businesses generally ensure that employees
have--and are aware of-personnel policies
conform to prevailing regulations. These policies are developed by the HRM
professionals in the form of employee manuals
and handbooks.
Growing hr concerns & policy formulations
have increased legal concerns for hrm.
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Laws & regulations
impact EVERYaspect of HRM
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Planning, Recruitment, &
Selection
HRIS
Employee & LaborRelations
Safety & Health
Compensation& Benefits
Training & Development
Human ResourceManagement
Functions
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Key Human Resource
Management areas Industrial Relations
Central Human Resource Management Structures
Employee /Industrial Relations Employment Legislation:
Employee / Industrial Relations & Legal Affairs etc:
Litigation in courts at all level in connection with service
cases, Drafting of all type of legal documents / Contractsand its execution i.e. contracts relating to manpower and
services etc.
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LEGAL ISSUES IN H R M Because of media exposure, lawsuits, and the increasing
incidence of workplace violence, what once seemed like a
remote possibility has gained visibility as a significant
legal issues and HR managers increasingly are amongthose expected to address it.
Employers, who already walk a fine line between the
rights of one employee versus the rights of all the others,
find that line can become highly charged when thepotential for violence exists.
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Causes of legal issues faced
by Hr managers Gender discrimination
Employment discrimination
Negligent employee hiring or retention by Hr manager Unequal employment opportunity
Age Discrimination in Employment
Discriminatory benefit plans for employees
Unfair Labor Standards
Unjust Workers Compensation programs
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REASONS FOR GROWING LEGAL
ISSUES IN HR
An expanding cultural diversity at the work-place
The emergence of work and family issues
The growing use of part-time and temporary employees An increased emphasis on quality and team-work
The occurrence of mergers and takeovers
The occurrence of downsizing and layoffs
The rapid advancement of technology
An emphasis on continuous quality improvement
A high rate of workforce illiteracy
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Covered Decisions
initial hiring
transfer promotion
demotion
layoff
termination
training
compensation &benefits
performance
appraisal
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Case illustrating the importance of
legal issues faced by Hr managers
ILLEGAL SEPERATION&TERMINATION OF
MANAGER HR MR
JEHANZEB BY HUAWAIE
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Case Details HR Manager of Huawei, is likely to file a lawsuit against
Huawei for his illegal (forced) separation from the
company
Mr. Jehanzeb, who joined HUAWEI on Nov 21, 2007,
was of the view that he is permanent employee of thecompany; however, he was separated illegally as he was
raising voice and concern to follow labor laws of the land
i.e.
Harassment on workplace
Indiscrimination,
payment of Gratuity in the absence of Provident Fund
and Overtime (beyond 20 hours) to their employees.
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Cont Huawei is the only telecom company in Pakistan who is
providing medical and life insurance facilities only to
their permanent employees, not covering their
dependents and its contractual staff in the absence of
Social Security Registration. More over such sudden separation of permanent
employees is against the state laws and charter of ILO
(International Labor Organization).
It merits mention that International Labor Organization(ILO) charter explicitly defines that dismissal of
permanent employees without any obligation is illegal.
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Interestingly, Mr. Jehanzeb has not been served with
either suspension or termination letter yet and he still
considers himself as the HR Manager of the company and
has not been paid salary since Jan 2009.
Moreover, Huawei at that time advertised in THE
NEWS to fill in the same position which is illegal. When Advisor & Director PR, Huawei, Mr. Naseem
Usmani, was contacted to take legal action he refused to
talk about it but later on said that Mr. Jehanzeb should
consult court and instead of asking the company orexpecting anything from it to fulfill legal duties &
responsibilities.
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Conclusion HRprofessionals should be guided by the Society for
Human Resource Management Code of Ethics, which
dictates that HR professionals should always:
Maintain the highest standards of professional and
personal conduct
Encourage employers to make fair and equitable
treatment of all employees a primary concern
Maintain loyalty to employers and pursue company
objectives in ways consistent with the public interest Uphold all laws and regulations relating to employer
activities
Maintain the confidentiality of privileged information
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