Issues in International and Comparative Employment Relations - Assignment Example

Topic: International & Comparative Employment Relations Name Course Institution Date Introduction With globalization and increased internationalization of corporations, the field of comparative employment relations continues to elicit heightened attention from scholars and policy makers. Consequently, various laws have been enacted to protect employees from exploitation by employers. However, the exploitation of employees looks more likely than ever before especially with specific regard to discrimination of women in the workplace. On the other hand, critics argue that laws designed to protect employees tend to contribute to unemployment and increase poverty levels. However, there is general consensus that labor standards achieve more than just protecting employees from exploitation. This paper critically examines issues in international and comparative employment relations. To achieve this, the paper is structured in two parts; part A describes the circumstances under which national minimum wage laws will be effective in protecting employees from exploitation and the circumstances under which laws are effective in eliminating gender-based discrimination in the workplace both in the United States and China. Part B of the paper defines and discusses the distinctive features of employment relations as a field of study, defines and compares ‘description’ and ‘explanation’ as analytical processes in comparative employment relations and discusses the benefits to be gained from studying comparative employment relations. Part A 1. Under what circumstances will national minimum wage laws be effective in protecting employees from exploitation? Your answer must include argument and evidence from at least two countries USA – Saudi Arabia – Australia - China. Minimum wage refers to the legal minimum hourly compensation rate for labor for specific groups of workers. Scholars and analysts agree that national minimum laws protect employees from exploitation by employers. In this regard, the laws are understood to reduce poverty although this argument has been controversial. Critics argue that national minimum laws do not guarantee employment and tend to price low-skilled workers out of the market (Hirshi, 2009). Generally, critics argue that minimum wage laws contribute to unemployment and slow economic growth. However, various circumstances are required for national minimum wage laws to protect employees from exploitation. In the United States, the Fair Labor Standards Act (FLSA) sets the standards for federal minimum wages via the Wage and Hour Division. The minimum wage laws address legal requirements and stipulate the minimum wages that should be paid to workers. The ILO comprises of three principle institutions that contribute in protection of employee rights; the International Institute of Labor Studies, the International Labor Office and the permanent secretariat with its headquarters in Geneva. One area that the U.S. minimum wage laws protect employees from the exploitation is through the promotion of social dialogue between employers and employees organizations. The ILO achieves this by promoting technical cooperation with labor organizations and institutional bodies. This cooperation includes standards for ensuring the protection of employees in an integrated framework of technical cooperation. A critical aspect of this cooperation is in the protection of human rights. The ILO standards promote human rights by tying labor standards to economic progress and individual freedom. Based on this argument it is imperative that the national minimum wage law offers economic security and equal opportunity to employees. The national labor policy promotes basic human rights, a key component in protection of employees from exploitation by employers. Through the ILO standards, various conventions have been codified that protect employees from exploitation from employees. These include conventions that protect human rights, conventions that support social policy formation instruments and those that establishes basic labor standards. The national minimum wage in particular emphasizes on the rights of employees at work with regard to the labor standards. The national minimum wage laws focus on promoting opportunities for workers especially obtaining decent and productive work. This includes cultivation of appropriate work environment such as freedom, human dignity, security and equity in the workplace. Employees are therefore protected from inhuman work conditions under the Decent Work initiative. Improvement of working conditions has been achieved through labor and social protection. On the other hand, informal sector workers are included in the Decent Work initiative. However, analysts argue that this is achievable only when states recognize that this is a right of the employee and when workers interests are articulated freely and effectively. In particular, social protection and social dialogue are understood to be integral components of labor laws aimed at protecting employees (Zhang, 2010). 2. Under what circumstances are laws effective in eliminating gender-based discrimination in the workplace? Your answer must provide argument and evidence from at least two countries of the following: USA – Saudi Arabia – Australia - China. Gender discrimination continues to elicit increased attention from policy makers and activists. Gender evaluation and gender discrimination have been identified as two common forms of discrimination against women in the work place. In a study by Margaret et al (2000), the researchers determined whether sexual harassment and gender evaluation and job-related outcomes. The participants were drawn from the United States, china and Hong Kong. The results revealed that gender discrimination was negatively assorted with job satisfaction and effective commitment. Similarly, the results showed that gender discrimination was positively associated with turnover intentions and life stress. In the United States where women make up approximately 50 percent of the national labor force, workplace gender discrimination is prohibited under the Civil Rights Act enacted in 1964. Further, various statutes have been enacted to protect women against discrimination in the workplace. One of such initiatives is the inclusion of sex as prohibited basis of workplace practices. The Civil Rights Act also set the administrative agency to enforce the law. Affirmative action programs empower women and contribute in elimination of gender-based discrimination (John, 2007). On the other hand, Chinese women account for about 40% of the labor force. Similarly, the perception of women leaders and women in employment remain relatively low in all forms of employment (Cook, 2005). Nevertheless, the Chinese media is a powerful tool that reinforces positive perception of women in employment. Arguably, the media plays a positive role in broadcasting women’s achievements and role models. In this way, the media sensitizes the public and exposes laws ultimately leading to elimination of gender-based discrimination in the workplace. Various laws and policies have been enacted to protect women employees in china. For instance, a minimum ratio is required for women politicians and leaders in government institutions. The women in china are able to use family networks although such networks are currently dominated by men. Part B 1. Define and discuss the distinctive features of Employment Relations as a field of study. Employment relations refer to the maintenance of employer and employee relationships with the aim of fostering employee motivation, satisfaction and productivity. In particular, employment relations refer to the prevention of problems in the workplace and subsequently resolving these problems to increase satisfaction and boost morale. Generally, employment relationships involve the legal link between employer and employee relationships. The relationships are characterized by various features such as contract, remuneration, performance of work on another’s behalf and subjection to supervision (Kaufman and Taras, 2000). Generally, employment relationships exists where there is a contract between the employer and employee. However, execution of contract requires the performance-of-work and the economic value borne of the work belongs to the employer. However, the employee creates this value in exchange for remuneration. Remuneration is the compensation for human activity and has economic value. However, work done must fall within the definition and scope of the labor organization. In particular, work done should be done on another’s account to qualify for compensation. Similarly, for an employment relationship to exist, the employer must poses managerial prerogative and be able to exercise it. Managerial prerogative refers to the right of the employer to supervise and control the execution of work assigned to the employee. The employee therefore performs assigned tasks in subordination to the employer’s supervision and direction. 2. Define and briefly compare ‘description’ and ‘explanation’ as analytical processes in Comparative Employment Relations. With globalization, comparative employment relations have elicited increased scholarly interest. Consequently, ‘explanation’ and ‘description’ are critical analytical processes in comparative employment relations. Generally, ‘explanation’ means expounding and interpreting arguments to make sense to an audience. In relation to comparative employment analysis processes, ‘explanation’ plays important role in the development and application of the legal rules that cover employment contracts across different countries. On the other hand, ‘description’ refers to a detailed account of the characteristics and aspects of comparative employment relations. ‘Description’ is more powerful and expressive than explanation although it also has more efficiency problems. ‘Description’ offers theoretical tools for analyzing cross-national differences in employment relations. This includes a variety of approaches such as comparative politics, sociology and organizational behavior (Kaufman and Taras, 2010). The most important feature of ‘description’ is that it gives qualitative representation of comparative employment relations. ‘Explanation’ as an analytical tool in comparative employment relations process promotes interpretation of comparative employment relations. In particular, explanation gives a comparison of the various aspects of employment relations. In this regard, ‘explanation’ promotes the qualitative analysis of the various concepts and theories in comparative industrial relations. ‘Description’ on the other hand, facilitates quantitative analysis and is instrumental in illustrating the various concepts in comparative industrial relations. ‘Explanation’ and ‘description’ are instrumental in the analysis of the various measures and variable in comparative employment relations. The first issue in this context is explanation of comparative employment relations, what it is theoretically and what it covers. The second issue is analysis of the differences between comparative employee relations and international employee relations. Similarly, explanation and description facilitate the analysis of dependent variable in comparative employment relations such as a measure of the institutional architecture, behavioral outcomes and employment relations performance including employment and national GDP growth. 3. Identify and briefly discuss three benefits to be gained from studying Comparative Employment Relations. With globalization and increased internationalization of the global economy, comparative employment relations enable students understand industrial relations and human resource management in an international context. The benefits include greater understanding of the differences in employment practices between countries and multinational organizations (Roderick and Greg, 2008). Similarly, studying comparative employment relations equips students with theoretical tools that facilitate understanding of global diversity of employment relations and human resource management. This includes cultivating competency in analyzing practical implications across national differences. In this regard, it is imperative that this cultivates a mixture of interdisciplinary approach including the study of the role of government, management, trade unions and policy contribution. These skills are essential and span across a range of different countries and institutional settings. Similarly, studying comparative employment relations enables students to maintain link s with international human resource institutions such as membership with the Chartered Institute of Personnel and Development (CIPD). This is especially important given that it exposes students to internationally diverse learning environment and articulates employment relations issues across diverse political and economic environments. More importantly, comparative employment crosses disparate countries and articulates employment framework across different countries (Bamber et al, 2004). Evidently, the study of comparative employment relations facilitates understanding of the theoretical aspects in industrial relations and expands analytical skills beyond national or institutional policies. Conclusion Generally, national minimum wage laws are designed to protect employees from exploitation by employers. However, the effectiveness of these laws in protecting employees depends on a number of factors. For instance, various circumstances are required for the national minimum wage laws to be effective. These circumstances include existence of appropriate work environment such as freedom, human dignity, security and equity in the workplace. Similarly, institutional policies must be enforced and employees empowered by strengthening collective bargaining platforms. In particular, various circumstances are required for the laws to effectively eliminate gender-based discrimination in the workplace. Social, economic and political factors determine the efficacy of laws designed to eliminate gender biases within organizations. For instance, gender discrimination in the workplace is prohibited under the Civil Rights Act enacted in 1964. In China, the media is a powerful tool that reinforces positive perception of women in employment. However, the level to which laws have achieved this objective differs in both countries. Generally, employment relations refer to the maintenance of employer and employee relationships with the aim of fostering employee motivation, satisfaction and productivity. Employment relationships are characterized by various features such as contract, remuneration, performance of work on another’s behalf and subjection to supervision. In comparative employment relations, analytical processes are essential. The analytical processes in comparative employment relations rely on explanatory and descriptive approaches. In this regard, the benefits gained from studying Comparative Employment Relations enable students comprehend the theoretical aspects of industrial relations and develop competencies in analyzing comparative employment relations. References Bamber, G. Lansbury, R. & Wailes, N. (2004). International and Comparative Employment Relations, New York: Sage. Cook, F. (2005). Women’s managerial careers in China in a period of reform. Asia Pacific Business Review, 11, 2: 149-162. Hirshi, C. (2009). The strength of weak enforcement: The impact of discrimination charges, legal environments, and organizational conditions of workplace segregation. American Sociological Review, 74: 245-271. John, I. (2007). Equal employment opportunity: legal aspects of human resource management. Article from Human Resource Management 10th ed. Chapter 3, pp. 65-90. Kaufman, B. & Taras, D. (2000). Nonunion employee representation: findings and conclusions. Article from Nonunion employee representation: history, contemporary practice and policy. Chapter 31, pp. 327-329. Kaufman, B. & Taras, D. (2010). Comparative employment relations: Institutional and neo-institutional theories. Working Paper 1-2. Margaret, S. Janice, J. Myrtle, B. & Theresa, L. (2000). Gender discrimination and job-related outcomes: a cross-cultural comparison of working women in the united states and china. Journal of Vocational Behavior, 57, 395-427. Roderick, M. & Greg, B. (2008). International Differences in Employment Relations: What are the relative merits of explanations in terms of strategic choice or political economy?. London: University of Southampton. Zhang, S. (2010). Impact of employment contracts law on employment relations in china. Indian Journal of Industrial Relations vol. 45(4): 566-584. Read More