APPROPRIATENESS OF USING THE THEORY OF PERSONNEL MANAGEMENT IN EMPLOYMENT LAW

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 139-146
Author(s):  
Krzysztof Walczak

The Author considers that it is reasonable to use the theory of personel management to interpret the provisions of employment law. This primarly concerns the issue of forms of employment. This should be applied both with regard to flexicurity and in line with the concept of a flexible company. In accordance with HRM theory, the process of job evaluation should be used when defining the principles of remuneration. At the same time, if the remuneration were to be of a market nature (and thus implement three basic features: attract, motivate and retain), then the evaluation must be carried out in accordance with one of the universal methods. This gives the basis for comparison between different organizations. As far as employment restructuring is concerned, its efficiency, according to the Author, comes from the substantive knowledge of employees` representatives about management processed. So such a partner should be trade unions with expert resources or, in the absence of such organisation, a work council.

2019 ◽  
Vol 1 (XIX) ◽  
pp. 371-382
Author(s):  
Łukasz Łaguna

On 1 January 2019, the amendment to the Trade Unions Act enters into force. It introduces a kind of revolution in the current system of employment law. The law extends the law of the trade union coalition, creating and joining union organizations for non-employees.Article 1 establishes a normative category of persons who perform paid work, including employees and persons providing work for remuneration on a basis other than the employment relationship. Thus, the legislator extends the statutory right of the trade union to persons who are not considered employees. In relation to the above, in the context of analyzing this legal act, it is not justified to use the traditional “labor law” as a too narrow term for the needs of new regulations. The term “employment law” appears in the latest publications of the doctrine as a broader term than the above. Finally, it should be noted that the effect of changes may be that people who work on a different basis than an employment contract and who have a number of the same rights as those working on a contract of employment may stop trying to conclude such a contract. And this will have a negative effect on the whole society, for example due to the lack of the possibility to enforce labor law functions.


Author(s):  
Michael Jefferson

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This fifth edition includes updates on employment law including coverage of the National Living Wage, shared parental leave, and gender pay reporting. There are new sections on equal pay between men and women and vicarious liability in equality law. Chapters examine employment status, contracts, and pay. The volume also looks at discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally the text looks at dismissal issues, redundancy, and trade unions.


2015 ◽  
Vol 44 (2) ◽  
pp. 222-245 ◽  
Author(s):  
M. O'Sullivan ◽  
T. Turner ◽  
M. Kennedy ◽  
J. Wallace
Keyword(s):  

2020 ◽  
Vol 62 (3) ◽  
pp. 446-460 ◽  
Author(s):  
Dominique Allen ◽  
Ingrid Landau

This annual survey of significant court and tribunal decisions in Australia in 2019 covers employer efforts to restrain employee communication outside the workplace through codes of conduct and the use of biometric technology in the workplace. It also considers the rise of class actions in employment law and the strategic use by large employers of consumer and intellectual property laws against trade unions in the context of industrial disputes.


Yuridika ◽  
2019 ◽  
Vol 34 (3) ◽  
pp. 467
Author(s):  
Mohammad Shahidul Islam ◽  
Md. Abdur Rakib

The labour laws of Bangladesh ensure the rights of the labourers. The objective of this study is to explore the labour law practices in the ready-made garment sector of Bangladesh. The survey is used to collect data, percentile and descriptive statistics are used to interpret the results. Most of the cases’ employment conditions-maternity benefit, working hours, paid leave, sufficient wage- are at a satisfactory level but improvements are sometimes needed concerning trade unions, profit participation and health issues. The garment sector should implement the labour laws for the welfare of the labourers and the situation needs monitoring by the government. The purpose of the study ‘Labour Laws in the Garment Sector of Bangladesh: A Workers’ View’ by Mohammad Shahidul Islam and Abdur Rakib (Bangladesh) is to investigate labour law practices in the garment sector in Bangladesh. With a questionnaire, survey data was collected from companies and workers. The researchers concluded that in many cases the employment law situation was in order (i.e. employment conditions, maternity allowance, working hours and leave), but that in some cases improvement is needed (i.e. trade unions, profit participation, and the health of employees).


2019 ◽  
pp. 3-23
Author(s):  
Stephen Taylor ◽  
Astra Emir

This chapter defines some key terms and then focuses on the two questions that are most often debated when people consider the revolution in employment regulation that has occurred in recent decades: Why have we seen such a growth in the extent to which the employment relationship is regulated in the UK? What are the advantages and disadvantages of increased employment regulation for the UK’s economy and people? In answering these questions the chapter introduces some of the major themes which underpin the evaluative material in this text. It also considers attempts made by recent governments to lessen the burden of regulation on employers, most of which have been widely perceived as having had, at best, very limited effect. Finally, it considers the consequences and impact of how employment tribunal fees before they were abolished, and looks at the decline in membership of trade unions and its effect.


Author(s):  
Olena Ovcharuk

The relevance of the research topic is conditioned by the need for a comprehensive study of strategic personnel management of an enterprise in order to ensure its competitiveness. The author states that the personnel management strategy should be all-embracing in the sense of targeting the staff of an organization to achieve the goals of its long-term development. In this case, personnel management planning becomes an integral part of business planning, and the development of personnel management strategy is considered as a priority business process. In the author’s opinion, to attract and consolidate personnel, the management of an enterprise should create and maintain the following conditions: a proper system of remuneration, engagement and favourable staff morale; continuous advanced training of employees; opportunities for career and scientific growth. It is noted that first, it will be advisable to implement a preventive staff policy, which provides not only control over the negative aspects of the work with personnel, causes and situation of the crisis development, the elaboration of measures to localize the crisis, but also the formation of enterprise development programs containing short-term and medium-term forecasts in recruitment needs, formulated tasks for staff development. The given research of personnel management strategy suggests that the first step in implementing measures to improve the effectiveness of strategic management is the development of a personnel management concept – a comprehensive understanding of the essence, goals, objectives, principles and methods of personnel management under specific conditions of production and management business processes. However, it is found that, on the one hand, there are financial restrictions that are conditioned by the limit of funds for staff maintenance and largely affect such decision-making (raise in salary of all employees or certain categories, staff expansion while maintaining the existing level of remuneration, purchase of office equipment, etc.). On the other hand, social restrictions are the result of general trends in the labour market in the country and the regions, the social policy of the state, the requirements of trade unions to employers. The article considers the main causes of instability of the staff of an enterprise and ways to solve the problems of strategic personnel management of the research subject. The proposed measures provide for the purposeful construction of an optimal system of personnel management and staffing structure according to quantitative and qualitative characteristics, which makes it possible to ensure the most effective use of human resources by an enterprise.


2020 ◽  
pp. 841-842
Author(s):  
David Cabrelli

This chapter evaluates the degree to which employment law facilitates worker participation in corporate decision-making and confers rights upon workers to be informed and consulted about developments in their employer’s business and strategic operations, at both cross-border and national levels. The chapter presents arguments advanced in favour of worker participation, before going on to note how the scope of application of workers’ rights of participation, information, and consultation has expanded over the years—partially in response to the decline in collective bargaining and the power of the trade unions in the UK over the past 40 years or so. Finally, the rights of employees where their employer becomes insolvent or enters into an ...


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