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?
Pages to are hidden for
"Legal Human Resource Management"Please download to view full document