Personnel Management Employment Legislation Mag. Maria Peer
Labour law – employment law Legal rights and restrictions of working people and organisations Relationships between trade unions, employers and employees - collective labour law Employees‘ rights at work and through contract of work – individual labour law Company agreements – agreements between company‘s managers and works committee Labour rights are the outcome of the social and economic development since the Industrial Revolution 2
International Legislation – EU laws E.g. the European Union Equal Treatment Directive unlawful to discriminate for reasons of sexual orientation, religion or other belief Consumer protection legislation Environmental legislation Health & safety and employment law 3
Labour law – general content Industrial relations (labour-management, collective bargaining) Workplace health and safety Employment standards: General holidays Annual vacations Working hours Unfair dismissals Minimum wage Layoff procedures Severance 4
Employment legislation Covers contractual rights for employees: Pay statement Minimum wage Terms and conditions set out in writing Protection against unfair dismissal sex discrimination (in job ads, selection, promotion, training & development opportunities) Race discrimination Working hours Holiday Trade unions 5
Duties of employers The general obligation of an employer is to protect health and safety of employees at work Protection of employees against danger (safe working environment, young people, disabled, pregnancy) Payment of salaries and wages Ensure welfare and equal rights (religion, sex, health) Minimum holiday (dependant on national law, has to be agreed on) In case of termination of the contract employee is entitled to a percentage of his/her yearly holiday Illness interrupts holiday 6
Duties of employees The employee shall use the safety materials, clothes, and equipment that are provided or prescribed by the employer Personal work Care and liabilty Loyalty to employer (discretion) 7
Roles of Trade Unions and staff associations Providing services for members (membership to clubs, discounts on shopping, pension and insurance schemes) Giving advice and information Resolving conflicts Negotiating pay and conditions Negotiating hours of work Protecting their levels of wages Observing health and safety at work 8
Areas of discussion Disputes Work schedules Pay Bonuses Health and safety Hours of work The work environment Grievances 9
Discontent of employees Might lead to High labour turnover High level of absenteism Poor working Time wasting Complaints Ignoring rules Apathy Therefore creating harmonious workplaces is critical for the benefit of all parties involved. 10
Termination of employment Handled by the Human resources department (paperwork) Result of Retirement Dismissal and redundancy Recognition of long services – reunions Guidelines for dismissal Written statement of working contract details Fair dismissals as a result of Sexual or racial harassment Wilful destruction of company property Continuous bad time keeping Negligent attitude at work 11
Literature Baker, T., Becker B., de Jongh, S. & Steinkellner, S. (2011). Personnel Management. Manz. Wien unions/rights-in-the-workplace.html unions/rights-in-the-workplace.html theory/people/rights-of-employees-and-employers.html theory/people/rights-of-employees-and-employers.html benefits-of-diversity/employment-legislation-and- diversity.html benefits-of-diversity/employment-legislation-and- diversity.html theory/people/employment-legislation.html theory/people/employment-legislation.html theory/people/trade-unions.html theory/people/trade-unions.html 12