Human Resources Management Units 9 & 12

Learning Outcomes Deidra A. Virgo Understand the effect of employee relations and employment law on service industries businesses Understand employment legislation relating to the aviation industry

Assessment Criteria AC 2.2 – Discuss how employment law affects the management of human resources in a selected service industry business P5 – Outline current employment legislation P6 – Explain how complying with current employment legislation impacts on the aviation industry Deidra A. Virgo

Introduction Employment Law or Employment Legislation offers protection to the Employees and Employers  Employees: workers have the right to fair compensation, an equal opportunity for hire and a safe work environment. Employers have the opportunity to engage in commerce that could result in profits thus laws ultimately protect the employer's productivity and, therefore, profits, as well as the ability to remain competitive in the marketplace Deidra A. Virgo

Labour Law vs Employment Law Deidra A. Virgo

Difference between Employment Law & Labour Law Employment law encompasses all phases of the employer and employee relationship, including, but not limited to, wages, benefits, employment management rights and work-place safety. Labor law is about collective action on the part of workers to bring about change in working conditions and pay by forming unions for the purpose of collective bargaining with employers. Deidra A. Virgo (Simpson, 2017)

Contracts of Employment Oral or written, express or implied, agreement specifying terms and conditions under which a person consents to perform certain duties as directed and controlled by an employer in return for an agreed upon wage or salary. Every employee is under the obligation to carry assigned duties, or the employer's instructions to the best of his or her abilities. The employer is under the obligation to protect the employee from harm or injury, and make fair compensation for any loss or damage resulting from any job-related accident. (BusinessDictionary.com, 2017) Deidra A. Virgo

Employment Laws in Jamaica Minimum Wage Act 1938 Allow for the fixing of minimum wages to be paid to certain categories of workers  Employment (Equal Pay for Men and Women) Act An act to eliminate discrimination between the sexes in the payment of remuneration for the doing of similar work and to provide for matters incidental thereto Employment (Termination and Redundancy Pay) Act 1974 to provide for the notice required to be given for the termination of contracts of employment, for the right of certain employees to certain facilities for returning to their homes on the termination of their contracts of employment, for the making by employers of payments to employees dismissed by reason of redundancy Factories Act 1943 to make provision for the registration and supervision of factories, and for the safety of workers employed therein. OSHA to be tabled in March 2017 Deidra A. Virgo

Employment Laws in Jamaica Holidays with Pay Act 1974 Sets out the conditions under which workers are entitled to holidays and sick leave with pay or such gratuities and benefits as may be determined. The entitlement stipulated by this Order is the minimum to be granted.  Labour Relations and Industrial Disputes Act 1975 This stipulates the rights of the worker in relation to trade union membership and industrial action. Maternity Leave Act 1979 To provide for the right of female workers to be granted maternity leave by their employers and to be paid maternity pay Deidra A. Virgo

Laws Coming Soon! Occupational Safety and Health Act (OSHA) – to be tabled in Parliament in March 2017 (according to the Labour Minister) Seeks to address deficiencies in the Factories Act To cover a wider spectrum of workers Requires Pensions (Public Service) Act Reform – for April 2017 Deidra A. Virgo

Impact of Employment Law on HR Practices In addition to the laws, HR must also consider regulations when it comes to: Recruitment: Pre-employment checks Discrimination Training Standard requirements Compensation Minimum wage Act “Maintenance” Leave and Absent management OSHA Separation Unfair dismissal Notice pay Deidra A. Virgo

Impacts of Compliance Establishment of safe and healthy workplaces Positive Negative Establishment of safe and healthy workplaces Avoidance of prosecutions and fines Costly fines and lawsuits Unsafe working conditions which can lead to unhappy workers Delays in recruitment Avoid disputes Deidra A. Virgo

Industrial Dispute Tribunal (IDT) A panel of arbitrators that listens to disputes brought to it by workers, whether unionized or non-unionised. Makes awards that are binding and final. These awards can only be overturned on a point of law. HOWEVER, the Tribunal cannot: Make an award that is inconsistent with any law involving wages, conditions of employment and hours of work. Make an award that is inconsistent with the national interest. Deidra A. Virgo

References Mlss.gov.jm. (2017). : Industrial Disputes Tribunal :.:: Ministry of Labour and Social Security ::.:. [online] Available at: http://www.mlss.gov.jm/pub/index.php?artid=65 [Accessed 6 Feb. 2017]. Hg.org. (2017). Cite a Website - Cite This For Me. [online] Available at: https://www.hg.org/employ.html [Accessed 5 Feb. 2017]. Jtug.info. (2017). Jamaica Trade Union - Important Labour Laws. [online] Available at: http://www.jtug.info/important-labour-laws.html [Accessed 6 Feb. 2017]. Deidra A. Virgo

References Moj.gov.jm. (2017). Search results | Ministry of Justice - Government of Jamaica. [online] Available at: http://moj.gov.jm/search/site?page=1&f[0]=im_field_le gal_area%3A32 [Accessed 6 Feb. 2017]. Simpson, M. (2017). Cite a Website - Cite This For Me. [online] Legalbeagle.com. Available at: http://legalbeagle.com/6780951-difference-labor-law- employment-law.html [Accessed 5 Feb. 2017]. BusinessDictionary.com. (2017). What is contract of employment? definition and meaning. [online] Available at: http://www.businessdictionary.com/definition/contract -of-employment.html [Accessed 5 Feb. 2017]. Deidra A. Virgo