Skip to main content

Example of differences in employment laws

Assume you are working for a midsize company that is looking to go international. Choose one aspect of employment law from your country o origin and choose another country where your company is planning its new expansion. Compare and contrast the chosen law (or set of laws) between the two countries
I live in the United states and I have chosen the law that governs workplace health and safety. The main law that protect the health and safety of employees is the Occupational and Safety Health Act (OSHA).  The “Summary of the Major Laws of the Department of Labor” article (n.d) states that this law is designed to eliminate workplace injuries and illnesses and is made up of both federal and state laws. OSHA operates under two premises. These are:
1.     Employers must provide a safe working environment for their employees
2.     OSHA must enforce safety and health policies and regulations that the employers must put in place as precautionary measures.
·       Other aspects of the laws include but are not limited to:
o   Display of official OSHA job safety and health posters
o   Workers must be informed about chemical hazards
o   Employers must provide safety training to workers in an understandable language
o   Accurate records of work-related injuries must be kept by employers
o   Tests must be performed at the workplace to test for safety issues
o   Personal protection gears must be provided at no cost to the employee
o   Hearing exams must be performed regularly according to OSHA standards
o   A posting of OSHA citation of injury and illness data should be at a place where workers can see them
o   Osha must be notified within eight hours of a workplace fatality or within 24 hours of any work related, inpatient, hospitalization, amputation or loss of an eye
The other country I have chosen is the Cayman Island Health, Safety and Welfare laws at Work. The Cayman Islands are in the Caribbean. According to “The Department of Labour And Pensions Cayman Islands Government Labour Law” (2011) the labor laws that governs this country is over 30 years old; was adopted in 1987 and has had no major amendments since. The law applies to all workplaces and has a required registration for the work place that include the name of the operator, address and description of the work that will be done at the workplace. Other requirements of the employers the following: health, safety, welfare, special protective measures and notification of accidents.
Health – workplace should be clean, not overcrowded, well ventilated and lighted and have appropriate draining
Safety - the employer should have preventive measures against fire, safe machinery and workplace building.
Welfare – wholesome drinking water, seating facilities, accessible first aid and provision of safe places to eat.
Special protective measures – suitable goggles, facilities or protective gear
Notification of accidents- employers are required to notify the Director only when there are serious injury or occupational disease.
The employees are required to use the facilities and equipment that the employer provides so as not hurt or harm himself or others. If the employee fails to use these resources as prescribed by the employer and cause harm, they are liable, can be penalized and a notice of remedial will be given him/her which can be appealed. Also, if the employer fails to provide any of the resources necessary for the employee to work adequately and safely, the employer can be prosecuted by the Chief Environmental Health Officer with remedial actions which can be appealed in the Grand Court.

Comparison
Similarities
Differences
·       Both countries have laws that protect the employee
·       There is an established body that oversees these laws
·       There are penalties and enforcement of these laws
·       Whenever there is an infraction it is investigated
·       Laws are not that formalized as US labor laws as requirements and infractions are more clearly stated for US laws
·       US laws are more precise, documented and legally binding
·       Cayman Island laws are very subjective as they can be appealed by both parties involved and need investigation when there is an infraction
·       Us require posters of OSHA oversight and accountability of injuries by reporting and documenting reports for the employees of business to be aware of
·       In the Cayman Island, greater responsibilities are placed on the employees to make themselves safe as there is no stated law that hold employers responsible for lack of proper training.
·       Employers of the Cayman Island are only responsible to provide the basic equipment and measures for safety not necessarily a safe environment
·       Cayman Island laws are not fluid and proactive; they are mostly in response to an incident.



Write an International Corporate Employment Policy about your choice and include an explanation of the additional steps needed before actual implementation
The subject I chose to write a policy for is the Family Medical and Family Leave.
Before I implement the policy, I would have managers, supervisors and employees input for their recommendations by publishing a request for information or give a notice of proposed change of policy making. I would also hold meetings with the interested stakeholders; employers and employees and ask them to submit written comments on the company’s website. After considering all the information, the development of policies will be made, issued and then enforced.


Family Medical and Family Leave
It is important that all employees of the company be punctual and do their job efficiently as coworkers and customers are dependent on them fulfilling their job duties.
Family Medical and Family Leave allows employees who have worked for a year or longer with up to 3 months of paid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member childcare requirement.
If an employee who has been working at the company for a year or more has a serious illness or a family member that is seriously ill, is having a baby or adoption of a child, has childcare requirements or has causes for frequent absences, the employee can get paid leave for three months.
This policy does not release the employee from his or her responsibilities to fulfil his duties by arranging with his/ her supervisor and letting them know the issues of the case one week within the occurrence of the issue at hand. If supervisor is unavailable, employees may speak to the immediate supervisor or manager of the supervisor.
Failure to inform management of this issue and consistent tardiness of two days or more will be considered voluntary resignation from employment at the company.
Consequences of Overuse of Family Medical and Family Leave Time
Absence for more than three months total is grounds for employment termination. This may start after a disciplinary action for misuse of time over the three months period.
Disciplinary action or include termination will occur with the overuse of family leave. The disciplinary action will consist of a written warning for a day missed above the three months followed by employment termination when an employee has used up to 48 hours over the three months period.
Attendance Bonus for Non use of Family and Family Medical Leave
·       Two weeks pay if there are no tardies within a three-month period
·       Annual bonus after the end of the calendar year
Please read the policy carefully to ensure that you understand before signing document.
Employee Signature:                                                                          Date:













References:
Summary of the Major Laws of the Department of Labor. (n.d). Retrieved from https://www.dol.gov/general/aboutdol/majorlaws
The Department of Labour And Pensions Cayman Islands Government Labour Law. (2011, November 07). Retrieved from https://cnslibrary.com/wp-content/uploads/2013/10/Labour-Law-2011-Revision.pdf



Labels:

Comments

Post a Comment

Popular posts from this blog

Example of a Self-Concept Case Study

Cultural Intelligence for Leaders (2012) defined self-concept as “the totality of complex, organized, and dynamic system of learned beliefs, attitudes and opinions that each person holds to be true about his/her personal existence” & the self-concept we hold to be true helps us form a “perception of who we are based on expectations from, and responses to, our social environment; stimulated by internal and external factors that can create intense emotional responses, impacting on our willingness to learn and our choice of action - guiding our behaviors” (p. 127). In the case (WA, 2018) Jack is a 36-year-old leader within a major hospital who prides himself as a professional. In his work, he supports and helps each of his team members. In his personal life, he used to focus on eating healthy and exercising regularly. In the past year, his focus on healthy living declined because of professional responsibilities. As a consequence, his state of health deteriorated to a point that hi
Post a Comment
Read more

DeBeers - the diamond trading company

PESTEL analysis Political aspect: In 1994 the DeBeers operation was prohibited in the United States territory because of antitrust legislation. These facts complicate the DeBeers operation and shake the whole company. Economic aspect: Although in 1990s DeBeers ruled the whole industry, after several events such as Soviet Union collapse and Alrosa’s appearing, DeBeers lost its control over the market. In addition, Canada’s appearing in the diamond market forced DeBeers to hold back a large portion of its diamonds from the market and purchase much of the excess supply from these producing countries often at inflated prices (McAdams, Reavis, 2008, p.7). Social aspect: In the mid-1990, Angola, Sierra Leone, Liberia and Democratic Republic Congo were outflanked by rebel forces opposed to the government. DeBeers sponsored this military conflict by “blood diamonds” purchasing. Technological aspect: The main threat is the synthetic diamonds grown is the lab-conditions. This tec
Post a Comment
Read more

Case Study 2: Young, Confident, and Moving too Fast

Introduction             The increasing complexities of organizations as it grows and as some take the path of globalization resulted in diversity and attracted many forms of cultural differences. Hence, the need to manage these cultural differences existing within organizations has been increasingly becoming necessary. This is particularly true for managers who may be caught in between various individual culture that each of its subordinates is accustomed to. Managing cultural differences requires what they called cultural intelligence (CQ). Broadly speaking, CQ is the ability to cut across various cultural contexts such as ethnic, generational, or organizational cultures (Livermore, 2011, p. 5). In this paper, the generational cultural differences between Joanne, the manager, and Julia, the newly hired subordinate will be discussed. To give a brief background, Julia is a confident, fast learner, and passionate young woman who wants to do more in her job without being micromanaged
Post a Comment
Read more