Section 1 – Know the employment rights and responsibilities of the employee and employer
Identify four main points that would be included in a contract of employment. If possible, use an example contract to support your answer (feel free to obscure any confidential information).
Employer’s name (WCS Environmental Ltd)
Employee’s name (John Smith)
Date of commencement of employment (16.4.2013)
Duties and responsibilities (description of work that you do like liaising with customers…)
2a) List three key points of legislation that affect employers in a business environment.
Health and Safety at Work Act 1974 (this act is for everyone because everyone has responsibility for health and safety in the workplace but employer has to give needed training to prevent any accidents) •
The Data Protecton Act 1998 (personal data must be accurate, data must be securely stored to prevent unauthorised access, loss or destruction…) •
Copyright, Designs and Patents Act 1988 (it limits what can be done with information originated elsewhere – programs that organisation use for example Microsoft office packages and other programs)
2b) List three key points of legislation that affect employees in a business environment.
The Equality Act 2010 (example: employee’s paid equally no matter if they are different gender, nationality…) •
The National Minimum Wage Act 1988 (Minimum wage rises every year, prevent employers from paying less) •
The Working Time Regulations (entitle employees to minimum 5.6 week’s paid leave)
3. Identify a range of places where a person can find information on employment rights and responsibilities. You should identify at least two internal and two external sources of information.
This kind of information can be found within an organisation (internal sources) or outside organisation (external sources).
Internal sources of information:
Trade union representatives
External sources of information:
4. Describe how representative bodies can support employees.
Representative bodies can support employees by representing their interests, they can offer assistance through work based representatives. Most known representative bodies are Trade unions and Non-trade unions which both help employees in health and safety, information and consultation representation, pension, ‘TUPE’ (transfer of undertakings), workforce agreement, collective redundancy. Representative bodies can help employees that your job becomes more secure, they support you if you lose your job, they also support you for disciplinary meetings, taking care of your salary so it can’t get lower then minimum wage, they make sure you have enough holidays for job you are doing etc. Different types of representatives take care of different things. Collective bargaining role is for example dealing with terms and conditions of employment and physical conditions of work, matters of discipline, while union learning representatives are analysing learning or training needs, providing information and advice about learning or training matters, arranging learning or training etc. Representative bodies are voice of all employees; they represent their rights and protect them from employers who would not respect the law.
Difference between trade unions and non-trade unions is that trade union has nine areas of regulations while non-trade union only has seven of them. Different roles played by union representatives and protected by statutory provision are: •
Health and safety
Information and consultation representation
European consultative bodies
Workforce agreement (agreeing on working time, maternity, paternity and fixed term employment) •
Collective redundancy (when there is more than 20 people that has to be made redundant) •
Union learning (independent unions in workplace; they promote and enable...
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