Industrial Relation System In Japan Management Essay

Industrial Relation System In Japan Management Essay Industrial Relations usually refer to relationships between labour and capital that grow out of employment. There are two parties in the employment relationship-labour and management. Both parties need to work in a spirit of cooperation, adjustment, and accommodation. In their own mutual interest certain rules for co-existence are framed and adhered to. Opinions about IR in Japan are extremely diversified. The main concern regarding IR appears to be whether Japan can maintain the vitality and flexibility to cope with the changes in the industrial structure and technology in a stagnant world economy. The lack of opposition and dispute between labour and management may be the most important feature for summarizing labour-management relations in modern Japan when making international comparisons. The study highlights IR in Japan and pointing out lesson that Bangladesh and Sri Lanka can take. The research is based on desk study. Moreover, the recommendation would be helpful to the practi tioners, researchers, planners, policy makers and academicians, who are involved in the concerned area. Keywords: Industrial Relations (IR); Employment; Capital and Labour JEL Classification: M1, M1, M54 Introduction The relationship between employer and employee or trade unions is called Industrial Relation (IR). Harmonious relationship is necessary for both employers and employees to safeguard the interests of the both the parties of the production. In order to maintain good relationship with the employees, the main functions of every organization should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace and higher productivity. Human Resources Management (HRM) is mainly concerned with the human relation in industry because the main theme of HRM is to get the work done by the human power and it fails in its objectives if good industrial relation is maintained. In other words good Industrial Relation means industrial peace which is necessary for better and higher productions. IR may be understood in both inter and intra terms-that is between employers and employees, between employees and employees and also between employers and employers. Such diverse relations are the outcome of modern industrial production, entailing an enormous body of collective work and involving the corporate labour of a huge number of people in an enterprise. Of all these relations, however the one between employers and employees is of paramount importance under the system of capitalist relations of production. Some authors define the term industrial relations also as either the full range of rule governing the work place (Dunlop, 1958), or a study of the institutions for job regulations (Allen,1975) or even the maintenance of stability and regularity in industry(Richard,1981) IR is also concerned with determination of wages and conditions of employment. IR and human relations are distinctly two indispensable factors in industry, one depending on the other we can have good industrial relations in an industry, but bad human relations in the same establishment and vice versa. Good industrial relations provide the necessary background for human relations. In any undertaking, good relations between the management and workers depend upon the degree of mutual confidence, which can be established. This, in turn, depends upon the recognition by the employees of the goodwill and integrity of the management in the day-to-day handling of questions, which are of mutual concern. The first requisite for the development of good industrial relations is a good labour policy. The aim of such a policy should be to secure the best possible co-operation of the employees. Every employee should have the opportunity to contribute not only his services, but also his suggestions and ideas towards the common effort. The basic needs of an industrial worker are freedom from fear, security of employment and freedom from want. Adequate food, better health, clothing and housing are human requirements. The human heart harbors secret pride and invariably responds to courtesy and kindness just as it revolts to tyranny and fear. An environment, where he is contented with his job, assured of a bright future, and provided with his basic needs in life means an atmosphere of good IR. IR has several roles in the industrial development in any country; two fold objectives of good industrial relations are to preserve industrial peace and to secure industrial-operations. If we have to establish industrial peace, the workers must be assured of fair wages, good conditions of work, responsible working, holidays and minimum facilities of life. The objectives of good industrial relations should be development and progress of industry, through democratic methods, stability, total well-being and happiness of the workers, and industrial peace. Hence, industrial peace is the fruit of good industrial relations. The following objectives have been considered. To understand the philosophy and concept of IR; To focus on present scenario of IR policy in Japan,Bangladesh and Sri Lanka; To suggest some possible solutions for developing and improving the IR to Bangladesh, Sri Lankan from Japanese perspectives. Material and Methods Given the nature of the present study, it was required to collect data from the secondary sources. The authors were always careful of the objectives of the study and collected data accordingly to achieve those objectives. Secondary data were collected from research studies, books, journals, newspapers and ongoing academic working papers. The collected data may be processed and analysed in order to make the present study useful to the practitioners, researchers, planners, policy makers and academicians of the concern area. Analyses and Findings The analyses of findings have been discussed under the following sub-heads. Industrial Relations IR plays a critical role in establishing and maintaining industrial democracy (Monappa, 1995). IR indicates the status of the relationship between the employers and employees in general. Better relationship is always designed which, however, rarely remains in a satisfactory stage and in a static position because of various internal and external factors. The concept of IR has a wide meaning. The expression IR by itself means relationship that emerges out of day-to-day working and association of labour and management. But when taken in its wider sense it includes the relationship between an employee and employer in the course of running of an industry and may project itself to spheres which may transgress to the areas of quality control, marketing, price fixation and disposition of profits among others (Johri,1969). IR, thus, when taken in its wider meaning, is a set of financial interdependence including historical, economic, social, psychological, demographic, technological, occupati onal and legal variables (Singh, 1968). Industrial Relations in Bangladesh Democracy in the larger society is a prime and essential condition for the development of industrial relations. In Bangladesh, the extent of democracy is very poor. It is surprising to note that after independence, the frequent changes in government and emergence of military rule during 1975-1979 and 1982-1990 hampered the democratic environment for industrial relations in general and trade unionism in particular. Since independence, every government has been found to participate in the trade union activities directly through the formation of labour front. Due to government interventions, the industrial peace and productivity were affected a number of times. For example Awami League government maintained close contact with the workers through Jatiya Sramik League (JSL) the Bangladesh National Party (BNP) government did so through Bangladesh Jatiyatabadi Sramik Dal (BJSD), and Ershad government did the same through Jatiya Sramik Party (JSP). The level of industrialization in Bangladesh is very poor. The level of employment is very poor too. Here the supply of labour is always much higher than that of the demand for labour. So the labour cost is low. Out of a total civilian labour force of 70 million about 2 millions are unemployed. Here the industrial workers are not at all class conscious. Due to very poor literacy level, workers of Bangladesh are completely in the dark about their rights and obligations. The labour force participation rate in trade unionism is only 12%. Due to improper physical fitness and lack of sufficient skill the productivity of our workers is very low. As a result, they cannot contribute towards the higher level of profitability to the employers, thereby causing their level of wages to remain low. Till now the Government of Bangladesh could not ensure a satisfactory level of minimum wage for the workers (Khan Taher, 2009). Multiplicity of trade unions is one of the great weaknesses of labour politics in Bangladesh. As a result of weak strength, trade unions in Bangladesh is facing a number of problems like increasing political influence, inter and intra-union rivalries, unhealthy competition in collective bargaining agent (CBA) election, employers, tendency to avoid CBA process and develop opportunities among the trade union leaders etc. The opportunistic nature of trade union leadership has been responsible for poor labour movements. Most of the time, the trade union leaders acted as agents of employers and of the political governments. Industrial Relations in Sri Lanka IR in Sri Lanka has arrived at the cross roads which makes an interesting study for the Human Researches Specialist. The Sri Lankas shifting from a centrally planned economy to a market economy in 1977. Since 1977, the socio-economic changes were greatly influenced by the radical changes in the external environment, globalization, information technology (IT) revolution and changing consumer needs. These changes in the socio-economic system of the country have resulted in contradictions and conflicts in the sphere of IR. With the emergence of the market economy and resultant competition, the achieving of the desired economic growth was the challenge for the government.   At micro level, business corporations fought for their survival in a competitive environment. This situation has provided a new challenge to partners involved in IR. Historically, the state has played a key role in managing IR in Sri Lanka. The state intervention has more in the nature of labour legislation and in the area of dispute settlement. Since early 20th century, these laws have been enacted to protect the less privileged partner i.e. Labour/Employee. Hence the labour laws in Sri Lanka have a bias towards the employee and this rigidity has adversely affected the progress of business. For example, the Termination of Employment Act 1971 prohibits the termination of employment except in case of disciplinary matters without the permission of the Commissioner General of Labour. Even though plethora of labour laws protects the employees, it has been a hindrance to the business activity. The business community has made several appeals to the Government to effect appropriate such changes in labour laws to meet the current environment. Such changes in the form of entrepreneurial labour laws are urgently required not only to meet the needs of the S ri Lankan economy, but also to facilitate the working population. Being a developing country, it is natural that the state needs to protect certain less privileged class of the society from the economic transformation. In addition, in a democratic country, the working class is a source of strength to political parties. In this context, the present Peoples Alliance Government formulated the Workers Charter to safeguard the rights and privileges of the working people. The salient features of the Charter: (a) The commitment to the principles of the Declaration of Philadelphia and the labour standards adopted by the International Labour Organizations (ILO); (b) Recognition of trade Unions; (c) Encouragement of Collective bargaining; (d) Strengthening of existing laws to protect employees interest; (e) Defining casual, temporary and others forms of non permanent employment and; (f) Bringing forth a code of industrial harmony. Employers strongly felt that their views have not been duly considered and it was not the opportune item to bring forward this piece of legislation. The employers argued that the requirement was not for a workers Charter, but for an Employment Charter. Even though six years have lapsed, the government has still to bring in legislation for this purpose except an amendment to the Industrial Disputes Act providing recognition to trade unions and prevention unfair labour practices. The reluctance on the part of the government to provide legal enforcement to the workers Charter indicates that the government despite, an election pledge, has realized that such labour laws should not be allowed to restrain the development of a free market economy. De Silva stated that Labour law always presents the perennial problem of balancing the interests of capital and labour and at the same time protecting public interest. Again, more than any other branch of the law, labour laws reflects governments o r societys moral tone and attitude towards social issues. The Employers Federation of Ceylon (EFC) was established in 1930 as a counter measure to deal with trade unions under this manner employer to be united and disciplined to managing labour issues; and more importantly, the need for building up a mutual understanding between employers and workers. EFC has taken 50 years or more to reach the 200 mark in membership. However, since 1980, during the period of 20 years, the membership grew to over 500. The reasons for this growth besides the free market policies introduced in 1977, was the direct result of the need for industrial relations service. The lack of expertise within the workplaces to handle industrial relations prompted the employers to seek support and assistance of EFC. It is also significant to note that since 1980, the EFC has made a fundamental change in their approach. It shifted from their emphasis of providing legal services to assist the employers in adopting better Human Resources Management (HRM) practices in managing p eople at their workplaces. At the micro level, the relationship between the employees and the trade unions has been adversarial. The history of numerous conflicts between the employers and employees during the colonial rule and the post-independence era has greatly contributed to the development of this situation. Amongst other reasons: (a) Being unaware of the significance of trade unions in national and organizational context; (b) Lack of understanding in modern management techniques, (c) negative approach of Trade Unions; (d) Lack of professional management in HR; (e) Concealed hostility of the employers based on bounded rationality. Nevertheless, the experience have made employers realize that such antagonistic approach would lead to unsatisfactory relationship, loss of work hours resulting in from industrial disputes thus affecting the productivity. With the emergence of market economy, this would adversely affect the ability of the enterprise to be competitive. In this context, many employers have begun to adopt an approach of understanding towards trade unions and also making concerted efforts to establish cordial relationship with the workforce by adopting sound HR practices. From the inception of the trade union movement in 1930s, trade unions have adopted an antagonistic approach towards management. This may be due to Sri Lankan trade unions becoming appendages of Marxist/Leninist political parties espousing a class struggle and having a history of agitation against colonialism/establishment. Despite the rapid disappearance of Marxism/Leninism globally, some trade unions continue this class struggle approach without understanding the changes in socio-economic environment. Trade unions have been comfortable in adopting this adversarial attitude and make every endeavour to keep their membership away from the management. Another significant characteristic of the trade union movement is the politicization in which major trade unions are linked to major political parties. The political parties continue to treat unions as source of power. It has been observed that on certain occasions, the behaviour of trade unions has been motivated by political objectives r ather than the interest of the working class. This along with multiplicity of trade unions have had an adverse impact on the unity and strength of trade unions. However, since 1977, this situation has been subjected to gradual change. (1) The competition in the marketplace has prompted the trade unions to review their approach. The antagonistic approach would affect the business, which could result in loss in employment. (2) New generation of workers are more concerned about their welfare and personal interest rather than espousing political ideologies. This is amply demonstrated from the fact that the number of trade Unions have decreased from 1636 in 1977 to 1428 in 1996 and the membership has been static at 1.6 million of 7 million of working population. The ratification of ILO Convention 144 on Tripartite Consolation by the Sri Lankan Government signifies the acceptance of the need to consult the employer and employer organizations by the government in regard to matters of mutual interest. The significance of this event is that the acceptance of the principle that the government should consult the other two social partners at national level make sit morally obligatory for the employers to consult the trade unions at organizational level. The structures of tripartism have existed in diverse forms, but there has been little effort to co-ordinate and harmonize the interest and work of the social partners or to provide them with the role of active participation at national level such as: (a) Minimum wages fixed for 40 trades by Wages Boards set up by the Labour Ministry under the Wages Boards Ordinance, are tripartite in character. These boards permit a consultative approach to the fixing of terms and conditions; (b) A National Advisory Council was set up in 1989, with the objective of having a permanent consultative mechanism within the Ministry of Labour. The objectives of the council were broadly to consult worker and employer interests on policy matters and implementation of proposed changes in Labour law; (c) Employees councils were made obligatory by the Employees Council Act No. 32 of 1979, in public corporations and government owned undertakings, to encourage participation of employees in the affairs of these org anizations; (c) In the Free Trade Zones (FTZ) administrated by the Board of Investment (BOI), companies are expected to set up Joint Employees Councils as a condition of licensing. Tripartism cannot be strengthened or placed on a stronger base by passing legislation. If the desired results are to be achieved, the implementation of the laws must be monitored and enforced to some extent. Persuasion and educating the workers as well as employers on advantages of consultation and dialogue at all levels are considered desirable than enforcement of laws. It is imperative that the attitude of officials should change. They should be facilitators rather than regulators in promoting good industrial relations. It has been observed that at national level, there seem to be a tendency for some unions to affiliate and also employers interested in working together to deal with problems on a common front. It also appears that more and more bipartism is exhibited at work place which is a good sign of collaboration by social partners. EFC in 1989 suggested to ILO a strategy to build up a tripartite consultative process to be the joint responsibility of the EFC and the Trade Union s. The first phase was a join body on Safety and Health. This industrial Safety and Health Association (ISHA) brought the parties together in a spirit of co operation on Safety and Health. This led to a seething up of another mechanism called Labour Management Consultative Committee (LMCC). The collective bargaining/agreement is a mechanism under the provisions of the Industrial Disputes Act to resolve disputes and to maintain industrial peace. The government has ratified ILO Convention 87 on Freedom of Association and 97 on Collective Bargaining. One of the key reasons for the employees to organize themselves was for the purpose of collective bargaining, and the EFC has been instrumental in encouraging this process in the private sector and responsible for the many collective agreements signed to date. Even though this is a mechanism that could be used to the benefit of both parties, due to numerous reasons the use of this process in a greater extent has been restricted. Firstly, the employers have found that apart from industrial peace, Unions in general do not wish to offer in return, other benefits such as productivity, rationalization of work arrangements. Industrial Relations in Japan The central features of the Japanese industrial relations system include workplace focused enterprises unions, lifetime employment systems, broad based training and seniority based wages. Another outcome of the Japanese institutions such as the Keiretsu system and the system of production organization (subcontracting and quality-focused, team based work) is the simultaneous achievement of stability in labour market terms and considerable functional flexibility in work place level industrial relations through the development of internal labour markets. The Japanese follow permanent employment system, consensus decision making and patriotic leadership. The Japanese respect the senior and senior behaves just like a guardian not like a boss. Management treats all as team members whether executives or workers. They emphasize on continuous customer focus improvement in quality and total involvement. There is disagreement on the date of institution of the Japanese industrial relations system. Taira (1970 as cited in Khan Taher, 2009) suggested that the lifetime employment practice developed in the late 1800s in the silk industry where employers, forced to compete for scarce labour, instituted lifetime employment to create stable employment conditions. The key practices were encouraged by the government, which institutionalized several of them during the inter-war period in its Factories Act of 1938. Enterprise unionism emerged post war based on the structure of the firms (the large employers who accounted for a significant share of employment). Jacopy (1993) and Gordon (1985) (as cited in Khan Taher, 2009) also suggested that precursors to the current system could be seen in the company unions of the 1920s, with institutional occurring during the interwar period. Cusumano(1985) argues that it was the early labour-management crises in the post-war period, coupled with the revolution in production management that account for the creation of the more advanced aspects of the internal labour market in Japanese industry. Okayama (1986) also credited the industrial strife of the 1950s as the most important variable in the development of the Japanese Industrial Relations system, a view also held by Kenney and Florida (1994) and Takahashi (1997) who argued, The main stimulus (for lifetime employment) was the experience of large-scale conflict between labour and capital in the early post-war years, partly in response to many workers being made redundant as the war industries shut down. Employers sought a way to end or reduce this conflict, not a social or political norm impervious to pressures of economic change. (as cited in Khan Taher,2009). There were several changes in the Japanese system over the 1970s and 1980s. Notably, there was erosion in the seniority based wages concept, as wages began to be tied increasingly to skills acquisition and productivity, while employers had started the practice of mid career hires in white collar and technical occupations. The practice of Shukko- transferring employees to other parts of the Keirestu during downturns-had gained in prominence over the last two decades. Recent Changes in Industrial Relations of Japan In the 1990s, there has been acceleration in the change already underway, as well as changes in other practices that constitute the core of the Japanese (IR) system. This has been due in large part to the effect of the recession of the 1990s, as Berggeren, argues, which has been the deepest one since the 2nd World war. Thus, in the 1990s, there has been a significant questioning of the lifetime employment concept, with severe declines in job security on an unprecedented scale, changes in hiring practices from schools and universities, a dramatic increase in outsourcing strategies, the introduction of limited term employment contracts for some occupations, increased wage flexibility, and some degree of union restructuring, along with evidence of breaking up of some Keiretsus. By themselves, any one of these changes might suggest a gradual adaption to new economic circumstances, but all of these happenings together in the 1990s suggest the critical importance of the 1990s recession in forcing employers to question the existing practices and act to change them. These changes came as a movement towards transformation of the industrial relations system given that the evidence suggests changes in most aspects of employment relations in Japan, such as job security, hiring, corporate governance, wages and wage flexibility and the role of seniority, as well as union structure, and would seemingly consist of a significant eroding of the three pillars and a move towards and a move towards a more individual based system such as in the United States (Brown, Nakata, Reich and Ulman,1997). There is also some evidence that the Keiretsu system is breaking down after the crisis, possibly as a result of firms capital requirements, and thus one major source of the stickness seems to be weakening ( as cited in Khan Taher,2009). Lessons for Bangladesh and Sri Lanka from Japanese Perspectives Proper industrial relations imply harmonious and peaceful relations between labour and management. In such a situation both labour and management realise their mutual obligations toward each other and resort to actions that promote harmony and understanding. For making a fruitful comparison in the characteristics of industrial relations in between Japan, Bangladesh and Sri Lanka, we need to make a systematic analysis. The main lessons for Bangladesh and Sri Lanka may be summarized as follows: The level of organizational commitment among the workers and employees should be increased; Human Resources should be treated as organizations assets rather than a money making machine; Management of conflict and employee grievances should be handled effectively which ultimately would lead to innovation and productivity improvement of a concerned organization; During selection and promotion of candidates (employees) a human resource manager should follow a standard method and all candidates can get equal treatment without bias; The activities of industrial relations in Bangladesh and Sri Lanka should be free from the influence of party politics; Organizational polices and strategies should be formulated and also implement through general consensus between the workers/employees and the employers. Policy Implications Although the present study was confined to IR in Japan: Lessons for Bangladesh and Sri Lanka, it may be appropriate to state briefly the policy implications for the study. In this context, the following policy actions may be considered worthwhile. Proper Demographic Environment It is essential that in order to ensure effective IR, a proper democratic environment in the greater society is essential. In the absence of democratic environment the employers may try to exploit the workers and even the workers may try to adopt unfair means, thereby disturbing industrial harmony. Efficient management Efficient management, capable of performing its duties professionally and thereby satisfying both the parties- the employers and the employees-is indispensable. Sprit of Collective Bargaining The relationship between an employee and the employer will be congenial only when the differences between them are settled through mutual negotiation and consultation rather than through the intervention of any third party. Existence of Strong and well organized trade unions Industrial relations will be sound only when the bargaining power of the workers unions is equal to that of management. A strong trade union can protect the workers interest relating to wages, benefits, job security, etc. Existence of sound and organised employers unions These associations are helpful for the promotion and maintenance of uniform Human Resource (HR) policies among various organizations and to protect the interests of weak employers Concluding Remarks In fine, it can be said as to industrial relations in Bangladesh and Sri Lanka that despite a much smaller number of work stoppages in recent years the industrial relations have been far from being sound. There were attitudinal problems of mistrust, multiplicity of unions, political affiliation of unions on deep ideological grounds, employers reluctance to part with information, their undermining the importance of unions and by passing laws, unions not representing the interest of the workers but of the political parties and overwhelming emphasis on third party settlement which has not proved too effective. The recommendation would be helpful to the practitioners, researchers, planners, policy makers and academicians, who are involved in the concerned area Text and References Allen, F., Industrial Relations: What is wrong with the System, London: Faber, 1975, p.10 Cole, G.D.H.,.An Introduction to Trade Unionism, London: George Allen and unwin Ltd,1955 Cunnison, J., Labour Organization, London: Pitman and Sons, 1930, p.13. Dunlop,J.T.,Industrial Relation System, New York: Henry Holt and Company, 1958, p.5. Johri, C.K.., Normative Aspects of IR: Issues Indian Labour Policy (Ed.), New Delhi: Shri Ram Centre of India, 1969 Khan A.A Taher, M.A., Human Resources Management and Industrial Relations, (3rd ed), 2009, pp.18-45. Monappa, A., Industrial Relations, New Delhi: Tata McGraw-Hill Publishing Company Limited, 1955, p.9. Richard, H.(1981). Industrial Relations: A Marxist Introduction, London: Macmillan Press Ltd, 1981, p.11. Singh, V.B., Climate for Industrial Relations, A Study of Kanpur Cotton Mills, Bombay: Allied Publishers, 1968, p.1. Webb, S Beatice., A History of Trade Unionism Longman: London, 1910,p.13.

Employment Law

Introduction This report will outline key arguments surrounding contemporary debates on UK employment law, which will provide a critical analysis from those that argue there is too much legislation and those that suggest there is not enough. It is beyond the scope of this report to generalise on employment law as a whole; it will therefore focus on the right to request flexible working, such as under the Employment Act 2002 and The Work and Families Act 2006 that has been subject to various reforms, amendments and regulations. This legislation has formed a significant debate as to whether such interventions ensure that individuals achieve a work-life balance, promote efficient working practice or create an unnecessary burden on UK businesses (Chartered Institute of Personal Development (CIPD), 2005, British Chambers of Commerce (BCC), 2010). This analysis will also look at the introduction of new employment legislation for flexible working, and discuss the impact on working practices today, with a glance toward the shape of new legislation in the future (Chartered Management Institute (CMI),2008). FindingsBackground and ContextThe last three decades have seen a trend toward increasing employment legislation. At the same time the United Kingdom (UK) still has lower levels of employment protection and more labour market flexibility than other European states (Keter, 2010). The flexible market in the UK was inherited through the general laissez-faire attitude, where industrial labour and relation laws have been less state regulated than other European countries (Biagi, 2000). Keter (2010) suggests that today’s flexible market is also the result of more recent trends, which from 1979 saw the introduction of more labour regulations in terms of statutes enacted, but with the aim of setting labour free of interference from state control and what was seen as unnecessary social partners, such as trade unions (ibid). The introduction of a New Labour administration however saw a shift toward more family friendly employment legislation. A European directive from 1997 (European Coun cil Directives 97/81/EC and 98/81/EC) provided that part-time workers be entitled to the same rights as comparable to full-time employees. The directives required European member states to implement laws, regulations and provisions to eliminate discrimination against part-time workers. The aim was to facilitate the development of part-time and other working time arrangements, that were flexible and met the needs of both employers and employees (Danzinger & Waters Boots, 2008). In order to promote citizens full participation in the labour market, the enactment of The Employment Relations Act 1999, while continuing to ensure that labour relations were free of state control, provided a floor of rights, such as increased rights for fixed and part time workers, (Biagi, 2000). Along this trajectory, the Employment Act 2002 introduced legislation providing employees with young or disabled children the right to request flexible working arrangements by their employers, that was subsequently extended in The Work and Families Act 2006 to allow the same rights for carers of adults (Davies, 2011). Lewis and Campbell (2007) suggest that New Labour’s concern with promoting a ‘work-life’ balance underpinned it’s ideological approach to welfare, that saw active citizenship for all achieved principally through labour market participation (Levitas,2005). For all to participate, legislation has provided for the extension of childcare services and ma ternity leave and the introduction of parental and paternity leave. Further, rather than reducing working hours, the Labour government promoted the right to request flexible working hours as a way for families to manage their working patterns with their caring responsibility timetables (Busby and James, 2011). Hill et al (2001) describe flexible working to include activities such as; part-time, job sharing and homeworking or any variation outside of working the traditional nine until five working day. For example, working from home, where such practices are facilitated due to advances in mobile technologies (Civicus, 2008). Lewis & Cooper (2005) argue that although in principle flexible working can take many forms, in reality, the main flexibility that UK employers offer is a reduction of working hours. From an employer’s perspective, employment legislation can also be seen as promoting the creation of work patterns and arrangements in order to maximise employment productivity, customer satisfaction and staff efficiency (Pettinger, 1998). This demand, Pettinger suggests, has come about as a result of the expansion of global markets, competition and choice, pressures on resources and increasing customer demands, together with changing patterns of consumption (ibid). Therefore, Pettinger (1998) suggests that against this backdrop, flexibility can be seen as a corporate attitude, whereby a fully flexible labour market is seen as generating a more effective workforce. Faulkener (2001) argues that while it is recognised that it is the above drivers that have influenced the development of flexible working practices, there is also another important agenda. Here, Jones and Jones (2011) identify that family friendly legislation is more representative of the ‘business case’ for flexible working legislation, which revolves around the identification of recruitment pools, particularly women, and the older population, who have yet to be fully exploited (Faulkener, 2001, Jones & Jones,2011). Arguments Against more Employment Legislation According to a British Chambers of Commerce (BCC) (2010) report on employment regulation, a survey of British businesses see an emerging consensus that the proliferation of legislation providing flexible working conditions has become increasingly problematic. The report argues that the shift from the regulation of collective bargaining to individual employment contracts, later evolving into the volume and complexity of statutory legislation today, has led to difficulties with understanding and compliance (ibid). The report specifically attacks the piecemeal legislative approach to flexible working shown by the latest introduction of laws and regulations (see Appendix 1) According to the BCC (2010), such an approach has been criticised by businesses. The problem for companies is that constant changes in the law mean that employers must incur the cost of familiarising themselves as each new law is enacted, where there is a greater risk of mistakes. As a result, businesses need to bring their knowledge up to date since the previous change in the law, such as through employment law books and guides or paying for legal advice. Consequently, the report argues, employment legislation can act like a tax, by raising costs (ibid). The Department of Trade and Industry (DTI) (2006) argue further that even if there is a belief that the increase of employment law can improve the flexibility of the labour market, there are still questions as to whether such legislation is fit for purpose. Against a backdrop of increasing employment legislation, a National Audit Office (2009) research paper also casts doubt over whether governments are able to understand business enough to design effective legislation. The BCC (2010), representing one hundred thousand businesses, suggest that due to the volume and complexity of employment legislation, in particular small and medium-sized enterprises (SMEs), now need professional legal advice to settle disputes. In reality, the BCC argue, it is less expensive to settle disputes with the employee and prevent reputational damage than it is to defend a claim. The BCC therefore recommends streamlining and reducing the amount of legislation, for example, in a similar way that the anti-discrimination laws became consolidated by the Equality Act 2010 (ibid, 2010). Despite such criticisms, not all the findings in the business sector are negative. According to a Chartered Institute of Personal Development (CIPD) Survey Report (2005), who surveyed Human Resources professionals from over six hundred companies, the majority saw employment law as making a positive contribution to their businesses. This research suggested that the main barrier to effective implementation of employment law is the perception that there is too much employment legislation (ibid). In response, the Annual Employment Law Review by the Department for Business Innovation and Skills (BIS) (2012) aims to tackle perceptions that there are ‘too many’ e mployment laws, through lobbying for reform, while ensuring that reforms are not at the expense of compromising fairness for individuals. The report argues that although businesses complain about the amount of employment legislation, in reality the UK has one of the most lightly-regulated labour markets among developed countries. Only the United States and Canada have lighter overall employment regulation (OECD Indicators of Employment Protection, 2008: cit in: BIS, 2012). Arguments in favour of more Employment Legislation The UK’s ‘light touch’ employment regulations may be reflected in their flexible working legislation. The right to request flexible working does not enforce employers to comply with individual requests, only to offer the procedures for them to do so. It is therefore argued that it is individuals (particularly with dependents) and the social organisations who support them, who favour increasing employment legislation, in order to provide fairness at work that ensures a work life balance (Burnett et al, 2012). In a 2012 report by Working Families and One Plus One, Happy Homes and Productive Workplaces, from a sample of over two thousand respondents, nearly eighty percent of respondents felt that flexible working was the most beneficial working arrangement (Burnett et al, 2012). However, the report argued that in order to support flexible working, further legislation was needed in order to promote arrangements that are mutually beneficial and embedded as a culture of flexibility, rather than an approach that manages requests as an exception to the norm (ibid). Along with relationship and family support organisations, a growing number of business and HR associations support further employment legislation and reform to push forward the benefits of flexible working (CIPD, 2013). Drawing on the findings of the 2011 Workplace Employment Relations Study (WERS) the CIPD suggest that employment legislation needs to increase, due in part to a lack of effective mechanisms to tackle labour relations. The report points to recent socio-economic and political changes in the UK where an increase in employment law is becoming ever more essential. For example, the facilitation of employment legislation during the 1980’s and 1990’s discouraged union membership and reduced collective bargaining powers. This is reflected in the WERS study, in 2012, which shows very low levels of employee engagement in collective bargaining, only six percent in privat e businesses, with fourteen percent of employee trade union membership in the same sector (Wanrooy et al, 2011). The near absence of collective bargaining, although removing employer constraints on freedom of action, raises concerns over employee voice, where employment legislation may be seen as an attempt to close this gap (CIPD, 2012). Danzinger and Waters Boots (2008), argue that in reality flexible working legislation does not go far enough. Unions and parent advocacy groups argue that many workers who would benefit from flexible arrangements do not ask for them out of fear of being refused, or because of a fear that asking may jeopardise their careers. Research suggests that employees will only ask for flexible work if they believe their requests will be approved. It is also argued that flexible working legislation may reinforce gender inequalities by linking flexible work and care responsibilities, reinforcing a ‘mother career track’ that pairs women with demotions of pay and position. Further, unfair dismissal claims, involving refusal of flexible working, tend to favour women, who can rely on anti-discrimination legislation, such as in Adedeji v The City of London Corporation (2007) (see Appendix 2), in order to strengthen their claims (ibid). Future Changes to Flexible Working Legislation New flexible working employment legislation to come into effect in 2014 appears to address some of the above criticisms. The government plans to extend the statutory right to request flexible working arrangements to all employees (with over twenty-six weeks service) whether they are a carer or not. This removes the present requirement that the employee must have caring responsibilities. In addition, the procedure for considering flexible working requests, which is currently very prescriptive, will be relaxed and employers will instead be required to consider requests in a ‘reasonable’ manner and within a ‘reasonable’ time frame (ACAS, 2014). Currently, it is possible for an employee to claim compensation due to the employer’s failure to comply with the procedures laid down in the Flexible Working (Procedural Requirements) Regulations 2002. In Bryan v Corporate Advertising Ltd ET/2105111/10, although the tribunal rejected Mrs Bryan’s claim that she was constructively dismissed and subjected to indirect sex discrimination, it was however held that the company had breached the procedures laid down by the 2002 Regulations. This procedural breach may no longer by relied upon under the 2014 legislation. However, successful claims may still be used under anti-discrimination legislation. In Commotion Ltd v Rutty [2006] IRLR 171 (EAT), it was upheld that the employee had been subject to constructive unfair dismissal and indirect sex discrimination, due to the employer’s failure to have any lawful reason to reject flexible working conditions. However, in Winfindale v Debenhams Retail plc (ET/2404134/10, 20 Aug 2010), it was held that there was no indirect sex discrimination where an employer showed that they took seriously a request to return from maternity leave on a part-time basis to a manager’s role. According to a Equality and Human Rights Commission report (2009), proposed changes in flexible working legislation will continue to fail to encourage workers in management positions to request flexible arrangements (EHRC, 2009). The report suggests that under current legislation, employee’s in management positions are less likely to make a request for flexible working, and when they do, they are less likely to succeed (ibid). In the government’s Consultation on Modern Workplaces Report (2012), it is argued that current legislation that prioritises certain groups reinforces the idea that flexible working is only for those in caring roles, whereas the aim of the new legislation is to promote a culture where flexible working is a legitimate ambition for all employees (HM Government, 2009). Although the legislation proposes to ‘allow’ but not ‘require’ employers to prioritise competing requests, employers will continue to have to show that all competing requests cannot always be accommodated, in their entirety, on business grounds (ibid). Drawing on the CIPD report (2005), a large majority of employers find compliance with the current legislation relatively straightforward. Of those who have had problems, the main barrier to compliance is that managers find it difficult to manage employees on different flexible working arrangements. Given that the new legislation attempts to widen the right to request flexible working to all employees, employers may face an increased challenge to accommodate competing requests. However, according to the same report, since the introduction of the current legislation, less than one-tenth of employers have faced grievance or disciplinary proceedings, or an employment tribunal claim. Further, research shows that it is large multi-national companies that benefit most from flexible working arrangements. Among those benefits are improvements in staff retention, improved morale and a reduction in costs (CIPD, 2005). These reported benefits need to be balanced against arguments that oppose mor e legislation promoting flexible working (ibid). More significantly, the statutory provision to enable greater flexibility in the workplace looks set to increase in the future. In a recent report, Management Futures – The World in 2018 (2008), the findings predict that organisations will become more virtual, the premium for talent will increase, with new aspirations and ambitions of a multi-cultural, widely dispersed workforce (Chartered Management Institute (CMI),2008). Conclusion This report has attempted to provide an insight into the contextual background surrounding employment laws in the UK today. The focus on flexible working legislation may be seen as a salient debate, given the competing claims from employers, employees and the organisations that support them (Burnett et al, 2012). At the same time, against a backdrop of socio-political and economic changes there has been an increasing legislative response to address both the rights of individual workers and a drive to improve competition, efficiency and development in the market (Pettinger, 1998). Given the predictions of further changes in the labour market, statutory provision looks set to increase in response. The debate for or against increasing legislation surrounding flexible working therefore needs to be balanced with the benefit to both businesses and the rights of individuals (CIPD, 2005). Word count: 2644 Bibliography Advisory, Conciliation and Arbitration Service (ACAS) (2014) Employment Law Update. Available [online] from: http://www.acas.org.uk/index.aspx?articleid=3909 [Accessed on 4th January 2014] Anderman, S.D (2000) Labour Law:Management Decisions and Workers Rights:4th Edition. Oxford: Oxford University Press British Chambers of Commerce (BCC) (2005) Employment Law: Burden or BenefitBCC Available [online] from: http://www.britishchambers.org.uk/ [Accessed on 4th January 2014] British Chambers of Commerce (BCC) (2010) Employment Regulation: Up to the JobMarch 2010. Available [online] from: http://www.thamesvalleychamber.co.uk [Accessed on: 4th January 2014] Biagi, M (2000) Job Creation and Labour Law: From Protection Towards Pro-action. The Hague: Klvwar Law International Burnett, S Coleman, L, Houlston C, Reynolds, J (2012) Happy Homes and Productive Workplaces: Summary Report of Research Findings. Available [online] from: http://www.oneplusone.org.uk [Accessed on: 4th January 2014] Busby , N & James, G (2011) Families, Care-giving and Paid Word: Challenging Labour Law in the 21st Century. Cheltenham: Edward Elgar Publishing Ltd Chartered Institute of Personal Development (CIPD) (2012) Flexible Working Provision and Uptake Survey Report. May 2012. Available [online] from: http://www.cipd.co.uk/binaries/5790%20Flexible%20Working%20SR%20(WEB2).pdf [Accessed on: 4th January 2014] Chartered Management Institute (CMI) (2008) Management Futures: The World in 2018. CMI. Available [online] from: http://www.managers.org.uk-research-policy-published-reports [Accessed on 4th January 2014] Civicus (2008) Strategic Directions 2008-2012 World Alliance for Citizen Participation Available [online] from: http://civicus.org/downloads/SDConsultation/Annex%209%20-%202008-2012%20CIVICUS%20Strategic%20Directions.pdf Danzinger, A & Waters Boots, S (2008) Memo on the Impact of the United Kingdoms Flexible Working Act. Georgetown: Georgetown University Law Centre Davies, A (2011) Employment Law and Workplace Law Handbook: Human Resources. Cambridge: Workplace Law Group Ltd Department for Business Innovation and Skills (2012) Employment Law Review – Annual Update 2012. Available [online] from: http://www.gov.uk/government/uploads/government/publication [Accessed on 4th January 2014] Department of Trade and Industry (dti) (2006) Employment Flexibility and UK Regional Unemployment: Persistance and Micro-economic Shocks. Employment Relations Research Series No.65. Available [online] from: http://www.berr.gov.uk/files/file36144.pdf [Accessed on 4th January 2014] Equality and Human Rights Commission Report (2009) Flexible Working Policies: A Comparative Review. Research Report 16. Available [online] from: http://www.equalityandhumanrightscommission.com Faulkner, F. 2001 ‘The technology question in feminism: A view from feminist technology studies’, Women’s Studies International Forum, Vol. 2, No.1, pg.79-95. Hill, E.J., Hawkins, A.J., Ferris, M. & Weitzman, M. 2001. ‘Finding an Extra Day a Week: The Positive Influence of Perceived Job Flexibility on Work and Family Life Balance’ Family Relations, 50(1): pg.49-58. HM Government (2012) Consultation on Modern Workplaces, Modern Workplaces – Government Response on Flexible Parental Leave. November 2012. HM Government. Available [online] from: https://www.gov.uk/government/consultations/consultation-on-modern-workplaces/ [Accessed on 4th January 2014] Honeyball, S (2008) Honeyball and Bowers Textbook on Employment Law:10th Edition. Oxford:Oxford University Press James, G (2006) The Work and Families Act 2006: Legislation to improve choice and flexibilityIndustrial Law Journal. Vol:35,issue 3 pp: 272-278 Jones, K & Jones, E (2011) Flexible Working Practices in the UK:Gender and Management Perspectives. Women in Society, Vol 2 Autumn 2011Available [online] from: http://www.newport.ac.uk/research/Journals/wis/vol2/Pages/default.aspx [Accessed on 4th January 2014] Keter, V (2010) Issues in Employment Law: Key Issues for the New Parliament 2010. House of Commons Library Research, Social Reform. Available [online] from: http//wwwParliament.uk/doc ument/key%20issues%20in%employment. [Accessed on: 4th January 2014] National Audit Office (2009) Complying with Regulation: Business Perceptions Survey 2009. Available [online] from: http://www.nao.org.uk/publications/0809/complying_with_regulation.aspx Painter, R & Holmes,A (2008) Cases and Materials on Employment Law. Oxford: Oxford University Press Pettinger (1998) Managing the Workforce. London: Cassell Trade Union Congress (TUC) (2008) Changing Times Newsletter No.92 13th February 2008. Trade Union Congress. Available [online] from: http://www.tuc.org.uk/welfare-and†¦issues/†¦/changing-times-newsletter-no.92 Wanrooy,B, Bweley, H, Bryson,A, Forth,J, Freeth,S, Stokes, L, Wood,S (2011) The 2011 Employment Relations Study:First Finding. London: The Workplace Employment Relations Study. Available [online] at http://www.gov.uk/13.1010.WERS-first-findings-report-third-edition [Accessed on: 4th January 2014]

Celta - Focus on the Learner - 1531 Words

This case study is based on Patricia, a Spanish national in her twenties who is in her last year studying an Economics degree course. She is also a student on the Elementary course at the British Language Centre. Patricia’s started learning English at the bi-lingual school she attended. She learnt English for 3 years but did not take any official examinations, but sees this as a possibility for the future. At school she learnt English because it was obligatory. The only other language she speaks is Spanish. She started attending the British Language Centre (which she still attends) to help her find a job in an international company and to prepare her for her visit to Eastbourne, East Sussex (UK) in July. She will be staying with a†¦show more content†¦(Refer to Appendix – example 3). The meaning changes slightly from expression to expression. In Spanish this word is not used in the same way. A solution and practice to this would be to present all of the words t o the student within a real context, through a reading or writing exercise. 2 Problems and Possible Solutions with Pronunciation. Morphemes that have more than one pronunciation present a problem relating to the sound of words. (Refer to Appendix – example 4). Both problems relate to rhythm when speaking, Spanish rhythm is syllable timed, whereas, English rhythm is stressed timed. (Spanish also has a narrower pitch range than English). Both problems can be directly related to language interference. Solutions include instant and planned remedial. The best procedure in addressing these problems is to draw attention to the problematic sound or pattern. Get them to pronounce it in isolation and explain how the pattern or sound is formed, and drill the student ensuring they have a record. 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The majority of learner’s first language speaksRead MoreCelta Focus on the Learner Essay1041 Words   |  5 PagesCELTA – Assignment 3 Learner Profile I interviewed ******** an Iranian 31 year old female student in the Level I class. ****’s native language is Persian (Farsi). **** came to England a year ago to join her Iranian husband who has been living and working in England for the past 5 years. At present they have no children. She has only been attending class at college for a few weeks where she is also taking a class in mathematics in order to learn the correct English terminology. **** is anRead MoreCELTA Assignment - Focus on the Learner1013 Words   |  5 Pagesï » ¿Name: Assignment: Focus on the Learner Word count: 1006 PART 1 The students attending the pre-intermediate course are mostly Czech nationals (except one Polish student) and are in their early thirties to sixties. 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Is Abortion Morally Wrong Essay - 1372 Words

A startling recent study reported, Half of pregnancies among American women are unintended, and about four in ten of these end in abortion† (Guttmacher Institute). Although today the United States is split among many controversial issues, one of the most disputed controversies is abortion, which has taken our country by storm over the last decade. As more and more unexpected pregnancies are occurring, many women find themselves faced with the financial and social burdens of potentially raising a child. Helpless and faced with a life- changing dilemma, these women turn to abortion as their only choice. With the statistics for unexpected pregnancies on the rise every year, the war between pro-life and pro-choice groups are at an all-time high. The growing controversy surrounding abortion is voiced by two opinions, one that believes that abortion is morally wrong and takes away the fetus’s right to life, and another that advocates that women should be able to make their cho ices for themselves and their baby. One critical perspective upon which pro-life and pro-choice groups differ is whether or not the fetus should be considered a human being with the right to a life. The root of this controversy stirs with the debate on the precise timing of when life is initiated. Pro-life advocates believe that human life begins at conception, or the moment a sperm cell fuses with an ovum. They point out that conception produces a zygote with twenty-three pairs of chromosomesShow MoreRelatedIs Abortion Morally Wrong?1397 Words   |  6 PagesAbortion is viewed as an ethical issue worldwide as it has many debates which causes question: Should it be considered morally ethical or not? Should it be legal or illegal? Is it wrong, is it, right? 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One philosopher, Don Marquis, is against abortion in his essay, â€Å"Why Abortion is Immoral.† He opens his paper with the statement that the view of abortion as seriously immoral has not received much support, while the anti-abortion position is supportedRead MoreAbortion Is Morally Wrong?2405 Words   |  10 Pages Introduction We can all agree that abortion is a controversial issue debated in our society today, especially in Texas, which is one of the most conservative’s states in the nation. Some people argue that abortion is morally wrong, because it has to do with ending a life which, according proponents begins at conception, not at birth. Others contest that it is a woman s constitutional right to make reproductive decisions, particularly in situations of rape, incest, and health risks. In this paperRead MoreIs Abortion Morally Wrong?3071 Words   |  13 Pages Abortion -Final Mariel Timothy Howard University October 2014 Abortion, according to dictionary.com (2014) is the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy. When it comes to abortion many ethical issues, and questions become a great concern. Some questions of great concern are: is abortion morally wrong? Should abortion be illegal? Is the fetus an innocent person? What’s the right of the motherRead MoreWhy abortion is morally wrong1412 Words   |  6 Pagesyou slice it, abortion is morally wrong. Although that should not be misinterpreted for a pro-life stance on abortion because there are numerous circumstances that must be considered in each situation. Just because abortion is morally impermissible, it does not mean that society will deem you a bad person for getting an abortion under extreme circumstances. For that reason, abortion is a specifically tricky topic to discuss. There is no clear-cut answer as to whether or not abortion should be allowedRead MoreIs Abortion M orally Wrong?867 Words   |  4 Pagesopportunity to have an abortion rather than giving birth, and raising your child. An abortion can happen in practically two ways, the pill, which deteriorates the non-living fetus, or the physical way where doctors pull out the fetus with medical tongs. Parenting is having the child and raising them as your own till they are a legal adult at eighteen years old. The United States is quite divided on the topic, and choice of abortion. Nearly half think abortion is utterly wrong and should not be a choiceRead MoreWhy Abortion Is Morally Wrong1559 Words   |  7 PagesIMPORTANCE OF THE TOPIC: The morality of abortion is a topic that has long been discussed by both those for and against the act. Until 1972 when the Supreme Court case of Roe v. Wade made abortion legal in all 50 states, the act of getting an abortion was illegal in many states. Both sides of the moral arguments explain the reasoning behind their arguments. The moral question is if the act of getting an abortion is the same as murdering another human being. YES ARGUMENT PATRICK LEE AND ROBERT P