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While about two decades ago the employees were at the mercy of the employer and the wage contract, more and more activism and the international requirements on protection of labor has created the needs of government interference which resulted in many laws and requirements beginning with social security and now encompasses a plethora of legislation.However the argument that common sense and compassion in the workplace has been replaced by litigation is not entirely correct, though the topic has to be seen from the view that litigation has created the laws, and forced the adoption of laws and welfare measures.
It can be shown by examination of research materials that while in some countries the 'conscience based arrangements work' it is sadly lacking in the U. For example there exist many outdated laws in the U. Preventative measures could be taken to avoid and/or correct these challenges via policies and systems." (Torres; Preziosi, 2008) Thus the implementation of mandatory statutes can have a negative impact.
If employment and selection has legal hurdles the termination and the process of adhering to all the clauses of the contract and the employee welfare requirements can cost the firms the sky.
It is true that litigation plays a major part today and it is a necessity.
The Rights and Litigation: In this context we can examine the process from the time of employment to the employee leaving the organization and see if litigation has replaced commonsense and compassion and if there was any compassion at all in the first place. In a research by Torres and Preziosi (2008) a review of the FLSA regulations showed that the outdated law is applied to the current day workforce and the relationship between management decisions based on this regulations, have a very negative impact on compensation systems and the business "resulting in legal exposure and associated costs as well as business impact.
Authors researching this phenomenon have pointed out that manager's perceptions, organizational demographics, perceived influence of stakeholders, all influence the organizational performance. In other words the EU rules shows the indicators that relate to employee matters. In a study aimed to describe the epidemiology of ADA charges alleging employment-related discrimination due to HIV and to investigate the charge-filing behavior of workers with HIV. (2009) "Inventing Equal Opportunity" Princeton University Press: Princeton, NJ.
It was shown that workers who were female (odds ratio (OR) = 0.79, p References Borzi, Phyllis C. Common Sense In the United States of America, the workplace used to be a serious location, but one where warmth and friendship could develop.(2008) "There's "Private" and Then There's "Private": ERISA, Its Impact, and Options for Reform" The Journal of Law, Medicine & Ethics, vol. Perhaps even romance could bloom between persons who worked in the same office.When someone was slightly injured, a band-aid would be placed on the cut or a sprained ankle would be taped up and that would be the end of it.Researchers conducted a study on the multinational corporation's employee termination practices in the United States and Canada show that between these countries there is no differences and the employees' legal protections in the two countries and the company claims a uniform corporate employee termination process.In comparison the researchers point out to structural and procedural differences in the employee termination process.Finally, it is As emotionally intelligent employees are reportedly more content, conscientious and committed in the workplace, businesses and organizations are repeatedly advised to recruit and retain these individuals.Abraham (2006), nevertheless, reports that the strongest findings emerging from her study was."..Thus the temporary employment is a means of avoiding employment taxes, reducing fringe benefits, eliminating worker's compensation benefits, reducing capital and maintenance costs reducing bookkeeping and payroll preparation costs and so on.(Zimmermann; Gowan, 1999) These constraints often make these firms cut corners and come down heavily on labor.This reduces the profit margins and therefore it can be argued that the firms that lack bigger financial resources, small and even medium-sized businesses may experience difficulty in terms of the compensation and fringe benefit offerings needed to attract qualified full-time, permanent employees.This has spawned the more recent -- temporary and contract employee to whom these benefits do not occur.