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Legal Human Resource Management

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					Legal Aspects of
Human Resource
 Management
  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 a
  company, government administration, or other organization
HRM model
• Human Resource Management is based on ideas and
  techniques 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„
(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
 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 attract
  and keep talented and hard-working people in the
  organisation.
 Globalization
 IT
 Business Control
 Information-workers
 Info-management
       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
LEGAL ISSUES IN HUMAN
RESOURCE MANAGEMENT
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
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.
Laws & regulations
 impact EVERY
  aspect of HRM
Planning, Recruitment, &
                           Training & Development
       Selection


                Human Resource
                                  Compensation
    HRIS          Management
                                    & Benefits
                   Functions


   Employee & Labor
                              Safety & Health
      Relations
         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 / Contracts
    and its execution i.e. contracts relating to manpower and
    services etc.

•
 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 among
  those 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 the
  potential for violence exists.
    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
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
          Covered Decisions
•   initial hiring   • training
•   transfer         • compensation &
•   promotion          benefits
•   demotion         • performance
•   layoff             appraisal
•   termination
Case illustrating the importance of
legal issues faced by Hr managers

   ILLEGAL SEPERATION&
      TERMINATION OF
      MANAGER HR MR
    JEHANZEB BY HUAWAIE
                 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 the
  company; 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.
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.
 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 or
  expecting anything from it to fulfill “legal duties &
  responsibilities”.
Conclusion
• HR professionals 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
ANY QUESTIONS?