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Introduction of (5HR01) Employment Relationship Management Assignment
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In this case study(5HR01 assignment example), the main thing that is seen is the conflicts and disputes between the Makite Solutions Company and their employees, and staff. And the main reasons were lack of respect and lack of support for the employees in the company. The dispute can be of any type either; organizational conflict and misbehaviour, or formal and informal conflict.
Difference between organisational conflict and misbehaviour and between informal and formal conflict (5HR01)
Organizational conflicts are just natural things in a workplace, group, or any factory, when the people from different backgrounds and views unite with each other for a particular work. Basically, organizational conflicts occur more when there are expectations from each other, and when the people involved have to stay together to complete any goal. Misbehaviour can be defined as, ‘Intentional action taken by any member of an organization including harrowing others, stealing, damaging company property, cheating, and misleading customers for the loss of company (Holmgreen, 2020).
Misbehaviour can become costly for the company products through damaging etc; but the organizational conflicts usually don’t harm the company in this way instead, the growth and the company’s production can be increased. In the Makite Solutions Company, where the conflict has led to industrial unrest because of the employees, directly affects the company because the employees due to some reasons can protest or do strike, which will affect the company’s image.
In a Formal conflict, employees can present their complaint but they cannot decide the outcome. Steps of formal conflict management include, investigation, hearing, and arbitration. Informal conflict is an approach that allows the people involved to stay in control of the process. Steps of informal conflict management include, facilitate effective communication, collaboration, and compromise (Holmgreen, 2020).
Difference between official and unofficial employee action
An official action means that when the employees are members of the trade union and action is managed by the union. This allows staff taking action a minimum level of protection. They also have additional protection if the industrial action is protected and union has properly protected it’s members. Staff that are able to endorse industrial action are, person empowered by the union rules to do, endorse acts of the kind in action, the Executive Committee, General Secretary, any other official whether employed or not by the union (Chakrabarti, 2013).
An Unofficial action means that the action has not been authorized by the union. In this stafee doesn’t have any protection through the union. In this case, union can refuse the actions of the staff. On comparing both types of action, it has been analysed that in official action staff members are more protected and benefitted whereas in an unofficial action staff is not at all protected by the union (Dalton, 2018).
Emerging trends in the types of conflict and industrial sanctions
Industrial conflicts refers to, employment issues, employment relationship between organization and the staff, dispute of personality differences between employs and employers, or between two working employs. There are many ways and rules of a company to overcome these type of disputes. One of this is sanctioning the employs, it is like a weapon to the employs. Also there are some more industrial conflicts by the employs, like strikes, protesting and many other ways. Strikes are changed in the manner of go slow and work. Strikes are official if they are called by the trade union leadership (Chakrabarti, 2013).
The informal industrial conflict is not seen on any organization that is produced from the sense of grief. Some forms of the industrial protest by the employs are being absent, frequently job changing reasons, negligence, accidents at work place, damaging company’s property, and many more. These all are the examples of industrial conflict and the continuous opposition to management expressed in the workgroup norms regulating output, restriction of practices, and secrecy.
There should be strict rules for all the employs, employers, and the general staff members in the company to avoid any type of conflicts. To avoid any misbehaviour and organizational conflicts, there should be feeling of respect, support, and helping for others in each and every member, who is connected to that industry in either way (Dalton, 2018).
Difference between third-party conciliation, mediation and arbitration
Third party conciliation- Coalition is a way of solving dispute among the parties by a third entity appointed by the parties involved in the conflict. Such a party needs to be unbiased and should not have any interest in the subject matter so that the decision is not biased and in the interest of any one party. The third party, then persuades the involved parties to agree on a decision by mutual discussion over the subject matter. It is regulated by Arbitration and Conciliation Act,1996 (Minter, 2017).
Mediation- Mediation, on the contrary, involves a third person that requires to assist the parties involved in the conflict by negotiation process. The decision taken by the mediator is not binding as it is in the case of arbitration. It is also regulated by Arbitration and Conciliation Act,1996
Arbitration- Arbitration is a means of solving dispute between two parties by involving a third party to take decisions due to lack of mutual consent between those two parties. Arbitration is useful when both the parties are cannot give consent on same solution or decision. The third party is required to be non-biased entity that holds significance power to give decision over matter. Between management and labor, conflicts are solved through arbitration so that interest of both parties is protected. It is regulated by Code of Civil Procedure 1908 (Minter, 2017).
Provisions of collective employment law
This branch of employment law deals with activities, negotiations, and behavior between trade unions, employers, group of employees, and various trade and labor associations regarding trade in an industry.
The main provisions of collective employment law
- Collective agreement- It refers to the contract signed by the employer with the union regarding the terms and conditions in a bargaining segment defining employment and work condition and environment of employees (Young, 2019).
- Strike vote- Strike vote is essential before strike can take place in UK by laborers. It must be done within 30 days of expiring of the collective agreement. If more than 50% of votes are in favor of the strike, union can call a strike after the deadline date of the strike
- Ratification- It is a process wherein the bargaining unit’s members vote in favor or against of the collective agreement of negotiation between the labor union and management authority/employers (Wheatley, 2021).
Comparison between employee bodies, union and non-union forms of employee representation
Employee bodies refers to the representatives of employees in the state. There are multiple ways through which employees can be represented in the UK, i.e., work councils, employee representatives, and trade unions. These are recognized parties that are formed to represent employees in negotiations and bargaining purpose. It also carries out consultation and notifying process for employees (Wheatley, 2021).
Trade unions- Trade unions are formed voluntarily and represent their party and their interest exclusively. These are generally formed based on industry rather than on a specific company. it can also associate with an entity or organization that has concluded CBAs.
Work councils- These councils represent the whole population of employees of a specific company before the management in the negotiation and bargaining process. These are created and developed by law. In EU, works council may be created in different countries and between different countries that are part of the European union (Wheatley, 2021)
Employee representatives- These refers to the third party that works for the benefit of both employers and employees and represent the case on behalf of their parties during negotiations.
- Union form- This can be defined as the formal system wherein employees have liberty to seek help or a union that represents their interest, grievances, and choices before management and help them negotiate on several issues related to compensation and working duration and environment.
- Non-union form- The members of non-union form of employee representatives have limited role in influencing the negotiations due to limited power. These are formed voluntarily by employers to initiate effective communication and consult with employees (Young, 2019).
Purpose of collective bargaining and its working
Collective bargaining is a method of negotiation between organization and staff, who are authorized by officials, to determine mutually satisfying employment terms and conditions that safeguard both employees and senior management interests for Makite Solution. Collective bargaining is simply a procedure wherein the staff band together to try to influence the workplace environment and interactions. Collective bargaining seems to be the procedure through which a team of people negotiates with their management essentially. Collective bargaining is a basic right that all individuals have (Hayter et al., 2015). This indicates that all workers have the right to express and settle their issues with respective managers (Doellgast et al., 2020). And according to the International Labor Organization, collective bargaining helps to eliminate working inequities while also supplying employees with employment security. Representatives of Makite Solution management and labour union representatives, who are appointed by employees to promote individuals and respective interests, generally participate in community bargaining. When employee arrangements are due to be replaced or when businesses make changes to the business or arrangements, collective action begins.
Collective Bargaining Working
Collective bargaining is a free procedure that leads to the completion of a collective agreement by determining the employment terms and conditions and regulating disputes between workers, employees to Makite Solution. In Makite Solution working people receive greater pay, benefits packages, and safer environments as a result of collective agreements. Individual workers are not allowed to negotiate their own work arrangements with the Makite Solution through collective agreement because the organization is the exclusive employee authority. Collective bargaining is the process through which employees, through the Makite Solution, collectively bargain alongside individual companies to establish their employment conditions, such as salary, insurance, periods, holidays, work health & safety standards, and strategies to combine work and family responsibilities, among other things.
Conclusion
Conflict management among employees and management can be resolved using various techniques and seeking assistance from a third party. This 5HR01 project provides a brief about various organizations and bodies. It also provides comparison so that role of each form and body involved in resolving conflicts is determined in context of protecting interest of both the parties.
References
Doellgast, V. and Benassi, C., 2020. Collective bargaining. In Handbook of research on employee voice. Edward Elgar Publishing.
Hayter, S., 2015. Unions and collective bargaining. In Labour Markets, Institutions and Inequality. Edward Elgar Publishing.
Schulten, T., 2018. Europeanisation of collective bargaining: Trade union initiatives for the transnational coordination of collective bargaining. In Industrial relations and European integration (pp. 112-136). Routledge.
Holmgreen, L.L., 2020. Responding to organisational misbehaviour. The Language of Crisis: Metaphors, frames and discourses, 87, p.87.
Chakrabarti, S., 2013. Interrogating inclusive growth: formal-informal duality, complementarity, conflict. Cambridge journal of economics, 37(6), pp.1349-1379.
Dalton, M., 2018. The interlocking of official and unofficial reward. In Occupational Crime (pp. 127-150). Routledge.
Minter, K., 2017. Negotiating labour standards in the gig economy: Airtasker and Unions New South Wales. The Economic and Labour Relations Review, 28(3), pp.438-454.
Young, C., 2019. HR and the law: a comparative study into the influence of institutional logics on HR practitioner approach to employment laws in the UK and Australia (Doctoral dissertation, University of York).
Wheatley, D., 2021. Workplace location and the quality of work: The case of urban-based workers in the UK. Urban Studies, 58(11), pp.2233-2257.
