The Implications of Regulatory and Jurisdiction Environment for the Recruitment - Coursework Example

Question: Multi enterprise operates in a complex environment which is subject to many regulatory and jurisdiction practices. Discuss the implication of this operating environment for the recruitment and management of expatriates Introduction Regulatory and jurisdiction practices are important in any economy because they help an organization to have an environment that is steady, stimulates innovation, leads to the development of effective products and smoothens restricting and order within an organization. Also, regimes in regulations which encourage friendly competitions are important because they help the organization in terms of employment, competitions and thus economic growth. More so, the employment law review by most governments says that there is a need for flexibility in the organization so that all of the employees will be empowered while working (Thomas et al., 2013). However, expatriates usually face many challenges like culture shock when working in enterprises, and they need to adapt to this organization regulation and jurisdictions. The paper is a discussion of; The implications of regulatory and jurisdiction environment for the recruitment and management of expatriates. i) The first section discusses the various regulatory and jurisdiction practices in relation to mulch enterprises ii) Then followed by the second section that describes some of the challenges expatriates faces in enterprises iii) The third section focuses on the implications of regulatory and jurisdiction practices on recruitment and management of expatriates iv) The last section is on the conclusion of the paper. Regulatory and Jurisdiction Practices in multi enterprises Multi enterprise occurs when a business has two or more stakeholders who are performing a collective activity together. Majority multi enterprises have regulations governing them, and this regulation may be internal made or from the external environment like the government. Jurisdictions in multi enterprises may result from contracts which were made between the essential enterprise members and the parties who are from the outside the enterprise example; the suppliers and the customers. According to Weitzenbock (2002), there is a need for a choice of jurisdiction clauses or law clauses when making the above decisions. Some of the agreements found in jurisdiction and regulatory practices in multi enterprises are; on disputes resolution issues, rates of pay, classifications, remunerations, employment related matters like termination, consultancy period, professional improvement and relationships, salaries, leaves and miscellaneous. Researchers have shown that employment regulation by employees are considered to be very important because they make sure that the lives of the employees are protected and that they have a legal framework where they could refer too during the process of management (Thomas et al., 2013) . Also, organization regulations like dismissal or dispute prevention were very rare amongst most organizations that were regulated. However, when the employers had a face to face interview with the researchers regarding regulation issues, the results were different. The research found out that some employers viewed regulation to be burdensome. It was also viewed as complex because the regulation effect on organization future may be fatal especially when the organization is unable to meet the legal requirements. The employers who had embraced regulation were found to be less worried about lawsuit trials because they had a better understanding of what was expected of them during their work practice. Challenges expatriates faces in enterprises An expatriate is an émigré, emigrant, deportee or a refugee. According to oxford dictionary, an expatriate is a person who is living in an outside country which is not their native country. Expatriates usually face many challenges like culture shock, climatic condition adaptation, and language barriers to fully adopting in the country they are in. if this is the case, one can only imagine the various challenges that they may face as workers in various enterprises. On the other hand, expatriation occurs when mangers are sent to another country to run a branch of an international organization. Some expatriates who have been sent for this purpose are usually trained to reduce the culture shock aspect and to understand what is expected of them (Dictionary of Human Resource management, 2001). This section tries to describe some of the challenges that expatriates may incur with during their time as employees in various enterprises. One of the challenges faced by expatriates in enterprises is the lack of information the human resource knows about them in terms of experience in working in a foreign organization. This factor makes it hard for employers and the human resources managers to employ the expatriates in the relevant field of work. The expatriates may, therefore, end up doing a job that they are over qualified in or under qualified in and this may have an impact on the enterprise. Another challenge that the expatriates face is the culture shock. According to (Oberg, 1960), emotions that are brought about by an individual due to culture shock are; a high sense of loss, stress, confusion, anxiety, powerlessness and a feeling of not belonging. Being in a new country and enterprise which has a different culture from their own is hard to adopt. The regulations in enterprises vary from one to another and also the location and the government influences this regulations and jurisdictions. This, therefore, means that the expatriates have to adapt to a certain culture which is new to them not to mention the language differences. The globalization era and the advancement in communication technologies have helped in reducing certain issues like racism and discrimination in enterprises, so the expatriates have really been assisted in this area. There are new rules and laws that capture any issue pertaining discrimination on; religion, race, gender and culture, and various organizations or and enterprises have adopted this rules in their organization to ensure their employers and employees are highly effective in their work areas. Issues like expatriate health insurance and compensations are very important for enterprises to adopt. This is because; the expatriates may face these issues especially regarding expatriate compensation, and there is a need for the organization to keep them motivated while upholding its competitiveness through reaching its budgets and goals. Research shows that there is a big common gap between expatriates compensation and that of local employees and this has been identified as a factor that makes the expatriates be dissatisfied and have low morale in work (McNulty, 2014). Implications of regulatory and jurisdiction practices on recruitment and management of expatriates Having discussed some of the challenges that expatriate face in enterprises, this section discusses the various implications of regulatory and jurisdiction practices for the recruitment and management of expatriates. Thomas et al. (2013) carried out research on employee and regulations in enterprises and the research showed that regulation influences human resource department in many ways examples in terms of compliance with their safety in workplace, health as employees, working hours, and unemployment and firing regulations. Regulation and jurisdiction may affect an enterprise during recruiting expatriates because the interview panel must follow their organization rules for example, if the enterprise rule states that all employees should be transparent and they have to work for a certain amount of time in a year so as to achieve the organization goals, the panel has to ensure that the person selected for the job meets those criteria. The management of the enterprise on the other hand also has a responsibility for ensuring that all the employees adhere to the rules of the organization and that all the rules are being followed to the latter example if one of the organization regulation states that the employees’ health and safety during work time should be considered, all the employees who may be affected health-wise during working hours must receive support from the organization. In other cases, when the expatriates are recruited for work by a multi-enterprise which has regulation in place and follows a certain jurisdiction, employers will look for a candidate who is not only qualified in education, experience and performance but during that process, certain legislation like equality in terms of gender, religion and race are considered. This, therefore, means that legislation affects the recruitment process that an enterprise undergoes through. When there is the recruitment of expatriates, another regulation, and jurisdiction that a multi- enterprise follow is ensuring that the expatriate is able to communicate using a language of the enterprise. Most organizations prefer to communicate in English, and this is a vital point that the human resources take into consideration. The enterprise may have offer free language trainings to their employees and, in this case, the expatriate would be lucky. Also, there are enterprises which offer cross-cultural trainings which are meant to help expatriates to adjust in the new culture of the enterprise therefore impacting positively on their job performance. During such trainings, the organization regulation of maintaining its image as a culture needs to be taken into account. The implications of all the processes that are in the regulation and jurisdiction of a multi-enterprise on the recruitment and management practices of expatriates are meant to impact on their lives positively. Being new in a country and an organization, there is a need for certain rules and laws in that organization that is meant to benefit of all who work there. These regulations may touch in areas of health, working time, working relationships, compensation, salary, languages, rates of pay and other related employment matters. As discussed in the introduction part of the paper, it is the duty of a multi-enterprise to ensure that this regulation and jurisdictions impact positively in the lifes’ on all of their employees and are followed during the process of recruitment and management. Conclusion Globalization has helped enterprises to grow globally, and expatriates are becoming essential in multi enterprises which have international coverage (Dunning& Lundan, 2008). Expatriates are necessary because they assist in smoothing the process an enterprise is undergoing to go into new markets and also enable the enterprise to compete in international markets because they bring new skills and knowledge to the organization. Multi enterprises, therefore, need to have regulations and jurisdictions practices that are friendlier to the expatriates. They need to create an open environment when managing expatriates. Also, the multi enterprises need to be very careful during the recruitment process of expatriates and there is need for rules and regulation during the interview and selection process so as to employ a person who is qualified for the position advertised. In terms of management, these multi enterprises need to put in place activities like culture trainings that would help the expatriates not to face culture shock and to be easily assimilated into the enterprise culture. The trainings will also help to curb language barriers, and they will assist the expatriates to understand the enterprise regulation and jurisdiction practices, therefore, enable them to be very effective in their work performance. References Dictionary of Human Resource Management (2001). Oxford University Press, Oxford Dunning, J. H., & Lundan. S. M. (2008). Multinational enterprises and global economy.Edward Elgar Publishing. Jordan, E., Thomas, A.P., Kitching, J.W., & Blackburn, R. A. (2013). Employment regulation. Part A: Employer perceptions and the impact of employment regulation. McNulty, Y. (2014): The opportunity costs of local-plus and localization approaches to expatriate compensation. L. Berger and D. Berger (Eds, 6th Edition). The Compensation Handbook. Columbus, OH: McGraw- Hill Education Oberg, K. (1960). Cultural Shock: Adjustment to New Cultural Environments. Practical Anthropology, (7), 177-182 Weitzenbock, E. M. (2002). Determining Applicable Law and Jurisdiction in contractual disputes regarding virtual enterprises. Teoksessa: Bygrave, Lee A. ( toim.), 15-27. Read More