1. Employee Relations Part I
Dr. Zahi Yaseen
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2. Employee Relations What is Employee Relations? Definition
Employee Relations offers consultation, facilitation and resolution strategies for workplace issues.
Employee Relations assists in communications between employees and supervisors, corrective action and planning, disciplinary actions, and explanation and clarification of policies and procedures.
Utah State University Human Resource

3. Employee Relations
What Employee Relations Does to Help Supervisors and Employees:
Provides counsel and advice to supervisors and employees regarding employment-related inquiries.
Assists in the interpretation of policies and procedures.
Provides confidential consultation.
Advises employees regarding their employment rights.
Facilitates dialogue on employee/employer issues.

4. Employee Relations Issues
Policies, procedures, rules
Employee discipline
Grievances
Employee rights
Spring 2019

5. Policies, Procedures and Rules
A general guideline
For example: “XYZ, Inc. does not tolerate sexual harassment”
Procedures
A customary method
For example: the steps for reporting sexual harassment
Rules
A specific guideline (“programmed decision”)
For example: sexually harassing a subordinate is cause for termination
Spring 2019

6. About Rules, Policies, and Procedures
Why?
To ensure consistent treatment (i.e., fairness, procedural justice)
To reduce time demands (programmed decisions)
How communicated
Employee handbooks
Policy and procedure manuals
Spring 2019

7. Effective PPR Internally consistent Only those that are necessary
Applicable
Understandable
Reasonable
Distributed and communicated
Enforced
Spring 2019

8. Employee Discipline Establishing discipline Progressive discipline
Why managers don’t discipline employees
Why managers punish too soon
Spring 2019

9. Establishing Discipline
Rules
Communicate
Rules
Assess
Behavior
Change
Inappropriate
Behavior
Spring 2019

10. Progressive Discipline
What it is?
Gradual movement from less to more severe penalties
Why?
Fair treatment for employees (chance to improve)
Preserve company’s investment in employees
Maintain employee morale
Ethical considerations
Professional approach to discipline
Legal considerations
Spring 2019

11. Steps in Progressive Discipline
General steps
Verbal warning
Verbal caution (recorded)
Formal written reprimand
Suspension (paid or unpaid)
Demotion or termination
May start at a higher level for more severe offences (for example, immediate termination for drug use)
Spring 2019

12. Why Managers Don’t Discipline Employees
Lack of training
Lack of support from above
Fear of acting alone
Guilt
Loss of friendships
Loss of time
Fear of losing one’s temper
Rationalization
Lack of appropriate policies and rules
Fear of lawsuits
Spring 2019

13. Why Managers Punish Too Soon
Lack of training
Not aware of alternatives
Fast, quick solution to problems
Personal gratification
Frustration
Belief that punishment is the best way to change employee behavior
Spring 2019

14. Employment at Will in the U.S.A
Common law doctrine:
Employers may hire, fire, demote and promote whomever they choose, unless a law exists to the contrary
Depends on state courts’ interpretations
General exceptions to EAW:
Public policy
Violation of law
Filing workers’ comp claim
Refusal to commit illegal acts)
Implied employment contract (the employee handbook)
Good faith and fair dealing
Minimum wages enforced
State local laws vs. Federal laws
Spring 2019

15. Employment in the UAE Written Contracts
Nationals, Non Nationals, Part-time, Full time, temporary contracts
Government, semi-government, private
Experts, consultants and special contracts
Federal Terms and Conditions
Abiding contracts
No Minimum wages
“no minimum salary stipulated in the UAE Labour Law, however it broadly mentions that salaries must cover basic needs of the employees”.
 Employment laws for the local governments of the UAE
Private sector employees ( Federal law No 8 of 1980)
Free zones employees
domestic labour law
Spring 2019

16. Just Cause in the USA
Reason for termination stems from a job-related, work performance problem
Employee knew that the problem could result in termination
If necessary, a fair and impartial investigation has been conducted (and documented)
Substantial evidence supports firing employee
Firing is not an unusually harsh action
Problems are handled consistently
Spring 2019

17. Contract Termination in the UAE
Ministry of Human Resources and Emiratisation,
known before as Ministry of Labour is
responsible for overseeing the employer-employee relations and maintaining labour rights for the private sector.
Terminating employment contracts
( Limited contracts vs. Unlimited)
Termination without notice
Spring 2019

18. Grievances in the USA
Procedure for dealing with employee dissatisfaction with management action
Found in union and many non-unionized organizations (FedEx, for example)
Involves appeals through various levels of management, sometimes hearing by management / employee panel
Spring 2019

19. Employee Rights in the USA
Access to personnel records
Substance abuse / drug testing
Medical records and genetic testing
Off-the-job activities
Polygraphs and honesty testing
Miscellaneous
and employee monitoring
Whistle blowing
Right to be aware of hazards
Plant and facility closings
Spring 2019

20. Employee Rights in the UAE
Federal government agencies are covered by the laws.
Work Free of Discrimination
Complain About Job Discrimination without Retaliation
Contract Rights
Keep Your Medical Information Private
Spring 2019

21. Access to Personnel Records in the USA
Unauthorized individuals should not have access
Individual records are confidential information
Employer has responsibility to take reasonable precautions to ensure this
However, the employee has right to see his / her records
Employee also has the right to:
Respond to unfavorable information and correct erroneous information
Be notified (or possibly consent) if information is released to a third party
Know how information is used internally
Spring 2019

22. Medical Records and Genetic Testing
Employee medical records:
Must be kept separate from other personnel records
Medical conditions not grounds for dismissal if employee can perform the job
Genetic testing:
Are employee, spouse or dependents at risk for developing an expensive-to-treat medical condition?
But…a certainty or just a predisposition?
Reluctance to hire and ADA
Spring 2019

23. Off-the-Job Activities in the USA
Dating
Smoking
Language issues
Spring 2019

24. Dating at Work
Possibility of conflict of interest if employee is dating a competitor’s employee
Possible perceptions (or reality !) of sexual harassment
Employer’s moral standards (WalMart case)
Nepotism
More and more, spouses and relatives are allowed to work for same employer
Normally,not allowed to work in same unit, one can’t supervise the other
Spring 2019

25. Smoking The employer can prohibit / restrict at work
Difficult to forbid off-the-job (how to enforce?)
No federal protection, but smokers may be protected under state law (including Tennessee)
Some employers can ban smoking (primarily around children)
Spring 2019

26. Language Issues
Can employees speak a language other than English at work?
Yes, on breaks
No, not at work
Spring 2019

27. Polygraphs and Honesty Testing
Now illegal for pre-employment screening in most instances
Can be used for security agencies, governments, manufacturers of controlled substances
Can be used (with employee’s consent) for internal investigations of theft or losses
Honesty testing
A substitute for the polygraph?
Test validity?????
Spring 2019

28. Miscellaneous Issues E-mail and other employee monitoring
Employers are free to read and monitor productivity and other activities
Internet screens
Do need to notify employees that they are being monitored
Whistle blowing
Right to be aware of hazards (OSHA)
Notification of plant and facility closings (WARN)
Spring 2019

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