When you pay a visit to various businesses, you must sympathize with employees. They are never treated like people with feelings or as human beings. Many Businesses and employers have been violating the rights to an extent of workers working under poor, unsafe, and unhealthy working conditions You will find the employees not being paid well, being overworked, not getting appropriate benefits, and being discriminated in the employment among others. Some of the employers deny their workers unpaid leaves to care for the sick and newborns, punish workers who support unions, deny overtime premiums, expose the works to hazardous, working conditions which might hurt the workers, discriminate the employees on the basis gender, age, physical features such as pregnancy and physical disabilities, race or ethnicity, religion and with some employers they even harass their employees sexually.
Components of the workers rights.
Role of the workers rights.
Measures given to the rights violators.
Rights governing bodies.
Basic legal rights to healthy, safe and fair working conditions have been implemented to help worker out of the problems. These rights are set to ensure that all employees are working under favorable conditions. The rights are involved with the labor, employee and employer, and they are stated in the employment and labor act. The rights are also concerned with the development of union, the payment of workers, and other related benefits. The rights intention is to make the employer get the best from the employee, as a result of safe and healthy working condition. According to the rights, workers are entitled to favorable payments, overtime payments, freedom to support union leaves to care for new born as well as family members among others. (FinLaw 2008).
The workers rights take care of the currently working employees the applicants and the former employees. This means that each of the group has its right. In all groups, the employers have the right to privacy, in terms of information, personal possession as well as telephone conversations. However, many employers don’t offer this privacy among other right. (Ehrenberg 1985).
To respond to these violations there has been various employment related federal laws. These laws vary depending on state, how they are applied to the employers, and the kind of protection they gives the employees. This means that every state has employment laws, and every employee has at least a right to protect him or her against exploitation and harm.
The issue of workers right violation occurs locally nationally and internationally. This is the reason why the laws consider all the employees from the local level to the international organizations because as long as working and payments are carried out, then there is usually the violation of workers rights because the employers usually aims at achieving the best from employees, while spending less. This is why many employers will overload the employees to an extent of having extra hours to work, while not giving the overtime premiums. The local, national, and international violation of workers right has been responded by creation of attorney, states and federal laws.
According to United States department of labor statistics, one in three of slaughter house workers, suffer illnesses caused by injuries because of high injury rate at workplaces (Gadner 2001). Despite the high rate, the industry has done nothing to enhance safe working condition for employees for the fear of incurring expenses.
Data on workers right violation show the violation of migrant worker right, especially when they are discriminated on gender bases and abuse at different points of their migration process. Majority of the migrants are women, and a higher percentage of these women are unskilled thus become victims of violations and discrimination. This reduces the migrants to unskilled laborers, foreigners, exposing them to social isolation, physical exploitation, sexual harassment. (Migrant 2008)
The workers rights violation has negative effect to the business. The effects are in regard to employees, suppliers, customers, and the society in which the business is located. These business stakeholders affect the business either singly or jointly. Each business stakeholder plays a role in effective running of business. This is because with effective coordination of the stakeholders, each individual participates in the business continuity by either working in the business operation processes, supplying the business with basic needs for effective operation. Example of these needs include the raw materials among others. They can also enhance business continuity by outsourcing and in sourcing for the business, as well as distributing and consuming the products of the business. This shows that the business continuity entirely depends of the stakeholders’ participation, and failure of a certain stakeholder, the business feels the deficiency.
When the employees are directly affected by the violated workers rights. This is because if their employer violates their rights in any way, their working conditions will neither be safe, nor healthy to work on. This causes injuries and illnesses which subsequently causes extra expenses on treatments (Health1999).The injuries and illnesses limit the employees from carrying out their duties effectively which leads to poor business operations and subsequent loses.
The poor services given by workers to the business drags the business activities, which means that a lot of time is required to process goods and services than the business could have taken when all workers are working under healthy and safe conditions. This results to ordering fewer supplies which can be processes within the operating hours of the business. (Keller 1995). This affects the suppliers because their suppliers to the business are lowered, thus reducing the amount they could have got from the full supply.
With the poor working conditions of the employees, little is processed for the customers, thus reducing the amount of the commodities in the market. Low supplies in the market, increases the prices of goods which becomes very expensive for consumers to purchase. This greatly affects the consumers.
The entire society suffers as a result of workers right violation. This can be explained using the effects of the business stakeholders. The rise in prices of the business products makes all consumers to spend a lot of money in purchasing the products leaving little or nothing to other necessities with great needs and low supply, some people end up striving a lot to meet the needs to an extent of illegally acquiring the commodities. This becomes a challenge to the society. The society can also be affected in cases where the workers are fired from working places, since many jobless people end up in the society, idleness has negative impact to the society since the needs of the individuals are not meet and this can cause problems to the individuals in the society.
On the other hand, the violation of workers rights can benefit a business. This can occur when business activities are carried out on past working hours, without paying the overtime benefits. The business makes extra income from extra working hours, and since nothing will be deducted from the income generated, in terms of paying for the services, the business ends up achieving a lot from little expenses.(Adamson 2002). Extra supplies are ordered for extra processing, increasing the suppliers’ income, and increasing the products in the market, for customers.
In this case, the workers becomes the sole sufferers as a result of violation of their rights, bearing in mind they have need to cater for using the salary they get from their work. This leads to the workers living very poor life, working hard, and for long, but with plenty of unmet need.
Labor contract law safeguards workers rights. The labor contract law was made to safeguard the workers who are placed on the disadvantaged positions in the economy market. It aims at stopping the workers from been fired without consequences in times of economic regression and gives a chance for employers to clearly explain conditions of any existing redundancies to the workers representatives unions. This means that the employers need to reach an agreement with the workers union in cases where more than fifty workers are to be fired, as this is the only way the employers can demonstrate that they don’t have total power over employees (Empowering 2008). This has created worries to Chinese employers, because the guaranteed hiring and firing of employees in Chinese economic reforms loses flexibility.
Under federal law, no employer should show illegal discrimination in employee hiring process, no the basis of national origin, gender, race, age, religion. The employers are required to follow anti-discrimination laws in every stage of hiring process, all the way from placing the job opportunities to the end of the process where the candidate to be hired is selected.
The states and local laws follow the all the requirements in federal law, but specifying extra protection on the basis of sexual orientation of the person applying for the job. In labor & law, employer should never have sexual preferences or need details on applicants’ race, religion or citizenship. (Miller 1996). Before any employee starts working, the employer should obtain a federal employment identification number of each of the new employees in the business, and should ensure that each of the new employees has been registered with the state’s department of employment to facilitate the unemployment compensation tax payment.(Vargas 2005). An employee pay system should be considered before any new employee start to work, and this should be set in a way that will withhold taxes payments to IRS.
According to the labor law, employers should ensure that all new workers have insurance compensation so that incase of any problems, injuries and loses incurred while working can be easily compensated. The law ensures that employers assist employees in registering for benefits, and to report federal unemployment tax to internal revenue service.
In United States various federal regulatory agencies which are concerned with policing the workers rights. Among these is the US commission on civil rights, which was established under civil rights Act of 1957, and it plays various roles, among which is the investigation of complaints alleged to deprive citizens rights based on color, religion, age and national origin among others. This agency also gathers information related to discrimination or unequal protection of the laws on similar bases. (Justice 2007).
The US Justice civil rights Division department is a federal agency which is concerned with enforcement of federal statutes limiting discrimination based on sex, religion, national origin in employment. Other federal regulatory Agencies responsible in policing workers rights in United States include US merit protection, board, which is concerned with protecting employees from abuses,(Protection 2008) the US Equal employment opportunity which is concerned with promoting equality to all employees in the employment opportunities. (Equal 2007) The pension and welfare Administration, which offers employees chances to benefit in terms of pension and health among other benefits. (Benefits 2007).
The Federal law governs the employees’ terms and conditions of employment governed by collective bargaining agreement by policing and abridging the exercise of the employees rights under National Labor Relation Act. Federal law was applied in the below case. Petitioner Karen Livadas was clerk in a grocery which was located in California safeways supermarket in 1990. He was employed under collective bargaining agreement between safeway and the Livada’s union. The agreement had the application agreement, where alleged unjust discharge grievances were stated to bind to arbitration clause. Later when Livanda was notified of her discharge, she used the California workers state law statements to demand her wage payments.
The manager refused to pay her immediately, and this was according to the company’s practices which meant that such payment were to by check from central corporate payroll office. Three days later, she got a check from the company with total payment for her work, but because of the delay of the payment from the day of discharge to day payment, she filed a claim against the company with the California Division of labor standards Enforcement. This was to act as a penalty for delay in paying her wage, as per the labor code.
However the division took no action since the company conditions of payment of the employees are based on collective bargain, and with arbitration clause, and the labor code requires a continuation of wages in same rate until paid thus contradicting and not giving a clear amount of what to be paid.
The provisions of labor code preclude the Division from handling disputes related to collective bargaining agreement containing an arbitration clause application or interpretation. To determine, the same rates of payment, it required the interpretation of the collective bargaining agreement and its application which is prohibited by the provisions of labor code.
Thus Livanda’s claim could not be enforced since no particular aspect of the claim could be referenced. (Court 2008).
It is important for organizations and employers to respect and honor the employee’s rights for effective running of businesses, and to avoid costs incurred on law suits. Workers who work under favorable conditions are able to work without harming themselves and in stress less environment, thus providing the best labor for the business. This in return improves business out put and a general business development.