legal hrm issues

8/8/2019 Legal Hrm Issues

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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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