Topic 3 - Rights And Responsibilities For Employers and Employees Flashcards

(43 cards)

1
Q

What is a contract of employment?

A

A contract of employment is a legal agreement between an employee and an employer outlining the employment relationship. It should include information about the terms and conditions of employment including annual holidays, annual sickness leave and maternity/paternity leave, your pay, overtime and the period of notice required. Does not have to be legally in writing but for clarity it is better to do so.

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2
Q

What is the contract of employment for

A

It is a legal document to protect your rights as an employee and it is a responsibility of the employer to ensure that all employees have a contract of employment

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3
Q

What should a contract of employment include ?

A

It should include information about the terms and conditions of employment including :
- annual holidays, annual sickness benefit and maternity leave
- your pay
- overtime
- the period of notice required

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4
Q

What is meant by the term rights ?

A

Claims and privileges we expect to have

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5
Q

What is meant by the term responsibilities ?

A

Things that are our duty job to do

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6
Q

What is meant by the term duty of care ?

A

Duty of care is the responsibility that an organisation has towards its employees

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7
Q

What is meant by salary

A

The amount paid for one year’s work divided equally over 12 months

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8
Q

What is meant by the term wage ?

A

wage is the amount paid by the hour (often paid weekly)

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9
Q

What are the responsibilities of an employer to employees ?

A

Salary - employers are to ensure that employees are paid a fair wage and on time and ensure that each employee is paying income tax and national insurance

Career Development- employers should ensure there are opportunities for career progression and development

Health and Safety - Employers are to ensure that all staff are fully trained in all use of equipment in the workplace, that all employees receive health and safety training and are taught to follow health and safety legislation

Holidays - Employers are to ensure all employees are allocated annual leave for holidays

Discrimination - Employers are to ensure that there is equality in the workplace in terms of race, religion, gender etc

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10
Q

Name 4 laws that protect Employees rights ?

A

Equal pay act 1970 - meaning men and women must be paid the same amount if they are doing a job of equal value

Disability Discrimination Act 1995 - Able bodied, disabled and some people with mental impairments must be given the same opportunities

National Minimum Wage Act 1998 - means all employees depending on their age must receive a minimum hourly wage

Race relations order 2003 - means people of all races, colours and ethnicities must be given the same opportunities

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11
Q

What are the employers rights, what can employers expect?

A

-Loyalty and commitment
-Honesty
-Good attendance and punctuality
- Deadlines are to be met

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12
Q

What are the responsibilities of the employee to make sure the employers rights are met ?

A
  • make sure they are putting in 100%
  • complete all tasks with skill and commitment
  • be truthful and honest and trustworthy
  • attend work on time, everyday
  • managing their time efficiently and looking for help if needed
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13
Q

Name responsibilities that employees have in the work place ?

A
  • To be loyal
  • To be honest
  • To meet deadlines
  • To be punctual and timekeep
  • To be proffesional
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14
Q

Why is it important that an employee is honest ?

A

Employees should be honest in all their dealings with colleagues and customers so that their employer can be able to trust them to handle valuable items and money. This gives employees confidence and encouragement to be a better employee. Honesty also ensures there is no theft of goods which could result in loss of profit for the business and a low feeling of self esteem among staff

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15
Q

Why is it important that an employee meets deadlines ?

A
  • meeting deadlines means that work will produced on time which leads to customer satisfaction and a good reputation for the company and ultimately good profit levels.
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16
Q

Why is it important that employees ensure the health and safety of themselves and others in the workplace ?

A

It is important that employees ensure their own safety and safety of others in order to reduce the amount of workplace accidents which can cause damage to the company’s reputation and result in the absence of employees due to injurys and therefore there are lower levels of production because people are missing from the workplace

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17
Q

Why is it important that employees are loyal ?

A

Loyal employees are more engaged, productive and commited to achieving the goals and targets set by the employer and these high productivity levels can influence profit levels and create a more positive work environment. They also promote a good reputation of the company, for example reccomending it to friends which can attract new customers

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18
Q

What are the consequences of employers failing to meet their responsibilities ?

A
  • The employees may withdraw goodwill and go on strike eg if they are not fairly paid
  • Negotiation may take place between the employee and employer to try change the situation - this may cause friction and lead to disagreements
  • The employees can go to their trade union which will work on their behalf to try and resolve the issue
  • The employer may be brought to court and sued
19
Q

What happens if an employee fails to meet their responsibilities ?

A

This may be seen as reach of their contract and disciplinary action can be taken which depends on the seriousness of the breach :
1) VERBAL WARNING - e.g. as a result of being late a few times
2) WRITTEN WARNING - e.g. as a result of missing an important deadline (an employee may receive more than one of these depending on the employers policy)
3) DISMISSAL - e.g. as a result of stealing or after receiving multiple written warnings. An employee may also be forced to retrain in a particular area or be forced to attend counselling

20
Q

What are the disciplinary actions that may be taken if an employee fails to meet their responsibilities or breaches their contract of employment ?

A

1) They will be given a VERBAL warning
2) They will be given a WRITTEN warning
3) DISSMISAL as a result for stealing or after multiple written warnings

21
Q

What are the financial rewards that employees can get for meeting their responsibilities ?

A

BONUS - an extra payment for meeting a deadline or target
COMMISSION - they may receive a percentage of the revenue they bring into the business through sales
PROFIT SHARING - some businesses may sell shares to an employee at a discounted rate to give them ownership of the company

22
Q

What is meant by Profit sharing ?

A

Profit sharing is when some businesses sell shares to an employee at a discounted rate to givethem ownership of the company

23
Q

What are the non-financial rewards an employee may recieve for continually meeting their responsabilities ?

A
  • EMPOWERMENT - employees may be given more responsibilities and authority to make decisions
  • RECOGNITION - employees may be recognised for their efforts and hard work for example as employee of the month or through recognition in a staff newsletter
  • JOB ENLARGEMENT - may be given more tasks to do, leading to more responsibility and a greater variety of work
  • CONSULTATION - employers may take the time to find out the views of their employees and listen to their suggestions
24
Q

When both the employers and the employees meet their responsabilities what does this lead to ?

A
  • Job satisfaction
  • High staff morale
  • A sucessful business
  • A positive and productive working
25
What is the code of conduct in the workplace ?
A code of conduct is a set of rules that sets out the proper way to behave and act in the workplace for both the employer and the employees
26
What will a code of conduct usually refer to ?
Respect of identity and diversity - meaning that the workplace should be free from discrimination or harassment and all aspects of identity such as race, religion and gender must be respected and honoured Responsible behaviour - Communication should be calm and respectful, there should be no shouting or aggressive speech and written messages should be clear concise and proffesional Appropriate dress code - The organisation will outline what is expected with regard to smart, casual, business dress or uniform and what is acceptable in regards to piercings jewellery, tattoos etc Social media - Use of social media is usually forbidden in the workplace and what is poste on social media may be considered as a breach of contract if deemed unproffesional such as expressing negative opinions about the workplace or colleagues. Employers may creen the social media profiles of current or potential employees
27
What strategies can be used to prevent and diffuse negativity and conflict in the workplace ?
- Following equality employment legislation such as the Equal pay act 1970 - Following the workplaces code of conduct and policies such as health and safety, child protection and safeguarding policies - Training to improve the knowledge and skills of the employees as employees then know what they are doing and are confident in their job - Promoting and creating a positive working environment where there is open communication and a strong sense of teamwork as this increases staff morale and motivation
28
What are the causes of work related stress among employees?
- Lack of support from management - employees feel theyre not provided with enough guidance or they feel as though they are unable to ask for support with problems causing them stress over things they are struggling with - Too big workload - when there is too much work for the employee to handle or the targets are unrealistic causing the employee to become overwhelmed and stressed or they are expected to work too many hours - Poor working relationships within a team or with management - Periods of change when these are not handled well the employees may feel insecure or not confident in what they are doing due to a change of premises, employer or new work routines
29
What are some consequences on the emotional symptoms of work-related stress ?
- Feelings of overwhelm or unable to cope - Anxiety or depression - Difficulty concentrating - feeling of isolation
30
What are some physical consequeces of work-related stress ?
- low energy or exhaustion - poor sleep - constant headaches - low immunity resulting in frequent colds and flus - loss/change in appetite
31
How can a person deal with work-related stress ?
- They can talk to the employer if they believe that additional training is needed to gain the skills to complete the tasks which they are stressed about - They can plan and organise the tasks they need to do and make sure that all the necessary resources and knowledge are in place - They can seek advice and counselling from outside agencies e.g. through a doctor if te feelings of stress are getting too much or impacting on mental and physical health - If necessary they can take time off work which may help them to regain strength
32
What is a trade union ?
A trade union is an organisation which looks after the interests of employees in a particular area of employment and make sure the employees are recieving their rights and that the employers are meeting their responsabilities
33
What are 2 examples of Britains biggest trade unions ?
UNITE - Britains biggest union with 2 million members across a range of industries including transportation and manufacturing UNISON - Britains biggest public sector union representing those in public services like hospital staff, civil servants
34
What is the role of a Trade Union ?
- To protect rights - ensures that the rights of employees are protected in the workplace and they also work to defend these rights - To give advice - To give advice and information to members about issues relating to their employment like holiday pay, sick pay etc - To resolve conflict in the workplace - if employees are unhappy about something relating to the workplace then trade unions will step in and work as mediators to resolve any issues - To promote positive working relationships and health safety and well-being in the workplace
35
What is meant by the term shop steward ?
A shop steward is a person elected by workers to represent them in dealings with management
36
What is a strike ?
A strike is a refusal to work organised by a body of employees as a form of protest for example against UNfair pay
37
What is meant by the term picket line ?
A picket line is a boundary established by workers on strike, usually at the entrance to the place of work, that others are asked not to cross
38
What is meant by the term 'work to rule' ?
A form of protest in which workers slow down the rate of work by doing only the minimum amount require by the rules of the workplace
39
What is 'go-slow' ?
A form of protest in which work or progress is delayed or slowed down
40
What are the advantages of being a trade union member ?
- A trade union protects the rights of employees and if an employee feels that their rights have been breached they can seek advice from their trade union which will investigate any problems they might have - A trade union will work as a mediator between employers and employees to ensure that all staff are treated equally - An employee can get advice and support from their trade union representative - A trade union will make sure that there is career progression for employees - Trade unions can organise action to put pressures on the employer to make a change e.g. a strike, go-slow, work to rule or picket line
41
What are the disadvantages of being a trade union member ?
- There is a membership fee, so if the employee never uses the services it can be see as a waste of money - If a situation is not resolved the trade union will take a vote on further action like a strike and if the employee disagrees with this they may feel pressured into being involved - If staff take part in any industrial action such as a strike or go-slow this will disrupt production and there will be a loss of productivity so employees will then be behind in work and have to catch up on work when they return from the strike which may put them under a lot of stress - Strike cation can cause serious stress, depression and financial worries for employees as they don't get paid while striking and this can be especially hard and have a huge impact if the employees are responsibble for providing for a family or household
42
What are the advantages to employers of their staff being trade union members ?
- The employers can deal with the shop steward, which is the representative of the trade union in the workplace, instead of dealing with a number of different employees - Employers only have to distribute information to trade unions which then pass it on to members
43
What are the disadvantages to employers of their staff being trade union members ?
- Trade unions can encourage members to go against the company's wishes - Industrial action like striking can give the business a negative reputation which could affect orders, customers and money coming into the business - Trad unions can force employers to increase wages and improve other terms and conditions