Legislation affecting the rights and responsibilities of employees

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Legislation affecting the rights and responsibilities of employees

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Content:

• What Employee Speech Is Protected in the Workplace?
• Employer means
• Equal Opportunity
• Employment and employee benefits in the UK: overview
• Consequences if an employee does not comply with Health and Safety Regulations
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What Employee Speech Is Protected in the Workplace?

Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. Employees don't have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers' speech in certain situations. Thus, government employees do have some First Amendment protections.

But that doesn't mean that businesses can curb all employee speech. This applies to workers in both union and nonunion settings. For example, workers are protected if they discuss their wages with each other, decide they're not being paid enough and seek raises from their employer. Employees also have the right to talk about possible unlawful conduct in the workplace.

Under various federal laws, employees may complain about harassment, discrimination, workplace safety violations and other issues. Employers should be mindful of how social media and policies affecting the use of social media interact with employee rights, Alexander said. In certain states, employees have the right to engage in lawful conduct when they are off the clock, and that may impact how social media policies are crafted and implemented, he added. An employee's posts on social media platforms might be considered protected concerted activity if the employee is discussing working conditions and other labor relations matters.

In recent years, the National Labor Relations Board NLRB and courts have found that social media posts might be protected even if they contain profanities or sound disloyal to the business. Thus, employers should ensure that their social media policies and practices can't be reasonably perceived as restricting such discussions.

But employers still can't stop workers from discussing the terms and conditions of their employment, he said. State laws may also enhance workers' rights to discuss certain topics. State laws protecting lawful off-duty conduct vary, so employers should check the laws in their states to see what is covered.

Although private employers may regulate political speech in the workplace without violating the Constitution, some state laws specifically protect political expression. In California, employees cannot be discriminated against based upon their political affiliation or political activity, Alexander noted. However, the protection does not necessarily give employees a right to speech in the workplace, he added.

In Oregon, the Worker Freedom Act prohibits employers from forcing workers to attend political meetings and distribute political communications. Most states have a presumption of at-will employment, which means either the employer or the worker can terminate the employment for any lawful reason, but employers should be mindful that employees still have certain rights in the workplace that cannot be curbed, Alexander said. You may be trying to access this site from a secured browser on the server.

Please enable scripts and reload this page. By Lisa Nagele-Piazza, J. Reuse Permissions. Image Caption. Social Media Employers should be mindful of how social media and policies affecting the use of social media interact with employee rights, Alexander said. State Laws State laws may also enhance workers' rights to discuss certain topics. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark.

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Employer means

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. The New York State Department of Labor has issued proposed regulations interpreting and further defining the contours of the HERO Act's joint labor-management workplace safety committees. We summarize the proposed regulations below.

Equal Opportunity

This site uses cookies to analyse how our visitors use it, to allow us to provide optimised content and to help us provide a better overall experience for our visitors whilst browsing. Employment rights are designed to balance the expectations of the job with the fair treatment of the worker doing it. Your exact employment rights will vary depending on the kind of job you do, the arrangement you have with your employer and many other variables. Your rights at work come from both your statutory rights and your employment contract. Statutory rights are essentially legal rights which nearly all workers are entitled to. While there are some exceptions, as a worker you are generally entitled to these rights, and, in most cases, you will have the following statutory rights as soon as you begin work:. After six months 26 weeks of working for an employer, you have the right to submit a request for flexible working. After a year of working for an employer, you will usually gain the right to take unpaid parental leave.

Employment and employee benefits in the UK: overview

The U. Equal Employment Opportunity Commission EEOC enforces federal laws prohibiting discrimination against a job applicant or an employee during a variety of work situations including hiring, firing, promotions, training, wages and benefits. These laws are the basis of how the EEOC enforces discrimination in the workplace. Court law interpretation and amendments to these laws are evolving.

Consequences if an employee does not comply with Health and Safety Regulations

Your employer must treat you fairly, pay you at least the minimum wage set by the government, and meet their other employment law obligations. They must also make sure your workplace is safe. Minimum wage Employment New Zealand. You must do your job competently and follow workplace health and safety rules. You must also stay within the conditions of your visa. Some of your key employee rights are covered on this page.

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There are many rights that are guaranteed by the law for workers in the UK, and workers also have certain responsibilities. This section offers a brief overview of some of the key rights and explains which categories of workers can claim these rights. There are a few categories of workers who are not entitled to some rights - these include agency workers, casual workers, the self-employed , trainees interns, students on work placement and domestic workers. The National Minimum Wage rate changes on every April and the latest rates are available on the government website: The national minimum wage rates employment section. Those who are 19 or over and past their first year of apprenticeship get the national minimum wage rate. Article 23 of the Universal Declaration of Human Rights recognises the importance of workers' rights.

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During the course of their employment, all employees are entitled to certain fundamental duties and rights. These rights safeguard the employee from discrimination based on age, gender, race or religion, protect their interest and entitles them with the right to privacy and fair remuneration. The employment laws in India lay down several provisions to safeguard the interest of employees, some of which are not applicable to all the employees working in different sectors. For instance, there are no specific laws that govern the rights and obligations of employees working in the private sector. However, there are 8 most important rights applicable to all employees in India , namely:.

Before approximately 8 million employees had no legal safety protection at work. The Health and Safety at Work Act provides the legal framework to promote, stimulate and encourage high standards of health and safety in places of work. It protects employees and the public from work activities.