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HRMT 302 Recruitment and Selection - Types of Legislations

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In an essay answer the following questions regarding the legal framework that regulates recruitment and selection practices in the workplace.

1. What are the major types of legislation that affect recruitment and selection in a non-unionized workplace in your jurisdiction? For each piece of legislation, summarize the major rights and obligations it provides relevant to recruitment and selection. Include both substantive and procedural provisions in your list. 



2. Why is such legislation necessary? Your answer should include some discussion about conflicting interests in employment relationships and how employers can use recruitment and selection to advance their interests. 


3. How have these legal provisions positively impacted society, and where do they fall short? Do they offer meaningful protections to workers? Why or why not? 

Answer

Recruitment and Selection

Introduction:

The smooth conduct of any organization largely depends on the employees and the employee unions. The employee unions are observed to play a significant role in the organizational context over the years. The unions are believed to be the spokesperson of the employees inside the organization regarding the benefits that the employees are liable to get from the organization. But in cases where the existence of the unions are not visible, the employment rules and regulations have significant role to play. Theses legislations make sure that the organization is treating its employees in the right manner in terms wage, working hours, workplace safety and job security. The main objective of the paper is to evaluate the recruitment and selection legislations in an organization where the unions is not present. The Paper also evaluates the need of the regulations along with the implications of them among the employees.  

Discussion:

Types of Legislations:

This assignment highlights the major types of legislation that affect the recruitment and the selection process of the employee in a workplace where unions are not present. The legislation on the selection and the recruitment processes in a non-unionized environment influences the health policies, labour market, promotes the responsibilities and the rights of the employers, and the government (Online.vitalsource.com, 2018). These acts will help the employee and the management to work smoothly by reducing the level of conflicts in the workplace. The legislation that affects the selection and the recruitment policies can be described in the form of Employment Standards Act, Pay Equity Act, Health and Safety Act, Employee and Labor Relations Act.

The employment standards act in Canada ensures that the recruitment and the selection provide the right personnel with right kind of job at the right point of time (Kearns, Kaufmann & McClelland 2015). It has made a change in its approach to implement the value added services. This act helps in providing better guidance in the areas, which needs organizational planning, attracting and selecting the right kind of employees. This act helps the unionized workplace for achieving the objective and the goals by providing proper guidance in handling targeted and proactive recruitment drives, by strengthening the workforce with the help of collaboration between the different sectors of workforce planning and succession planning activities, by ensuring the usage of the best approach in the talent recruitment and staffing, which respects the diversity of the people of Canada.

This pay equity act was made by the Canadian government to ensure that there are no major wage differences of the men and the women (Guy & Fenley, 2014). This act covers the employees who work in the broad private and the public sector. However, this act does not cover the employment issues of the federal government for example the chartered banks and the private sector companies which have less than 10 employees. This act ensures the gender neutrality during the selection and the job recruitment. This act focuses on the skills, responsibilities, efforts and the working condition of the job. The pay equity act will ensure that there is minimal amount of conflict happening in the organization. This act will help in reducing the gap of the gender equality. The task will be divided into two category men dominated task and the women dominated tasks which will ensure accurate allocation of tasks to the employees.  

This health and safety act ensures that the organization follows the proper health and safety guidelines during the operational processes. This act promotes the healthy working and living environment. This act help in developing and supporting effective and health and safety programmes that helps in preventing and reducing accidents and injuries. The workplace injury not only affects the employees but it will also affect the organization in hampering their brand image and will also reduce their production. Proper health and safety measures if taken then it can improve the working environment. The health and safety guidelines are followed not only in Canada but also in other countries to ensure that the employee gets there proper sustainable and healthy working environment (Holt & Allen, 2015).

This employee and labor relations act provides strategies of labour relation to support the labour and employee relation in a more responsible manner. This act helps in providing employment advices and also provides legislative rights related to that. This act aims at improving the entire working relations between the employee and the labours. It reduces the conflicts arises in the organization and betters the working condition for the employee in the organization (Miles & Mangold, 2014).

Necessity of Legislations:

The following legislations are important for both the non-unionized and the unionized workplaces. The importance of the legislation in the unionized workplaces is greater than the unionized workplaces to give proper rights to the employees and the labours. There are many organizations who only think about increasing the production of the organization and forget to give the basic rights of the employees. This act ensures that the employee get their proper rights. Studies have seen that many organizations do not follow the proper safety and health guidelines and these results to accident and injuries. The health and safety act ensured that the organization follows proper guidelines. Gender inequality has been a major concern in the workplace. There are many organizations that follow different rules for the male and the female employees. This act helped in giving equal rights to both the gender so that the gap can be reduces. Sometimes the gap between the genders acts as a demotivation factor. The pay equity act has helped in increasing the morale of the female employee and they have become more effective in the workplace than before (Guy & Fenley, 2014). The organization is highly affected by the conflicts and the disputes that happen in the workplace. The employee and labour relation act have proved to reduce these conflicts. Reducing the conflicts in the organization has helped in increasing the working hour thus helped in the increasing the production level (Rahim, 2017). The Employment standards act helped the employee in getting the proper kind of job in the right time. The legislations are very much necessary for the smooth operation of the organization. It focuses on the key issues and helps the employee to get their proper rights which ultimately makes both the parties that is employee and the employer happy. The unions in the organization helps in the rightful security of the health rights of the employees.

Impact of the Legislations:

The Employee Standard Act has not only been useful in giving employment to the deserving candidates but this act also ensures that the employees are treated fairly so that they do not leave the organization. It protects them against any conflicts and stops them in getting a bad reputation in the environment. This act also motivates the employees in working hard and in effective manner but apart from this the act has some disadvantages. Under this act the employs have to pay their employees even when they are not working properly. This act increases the production cost of the organization and it takes a lot of time and effort to effectively monitor. However, these acts have been successful in providing a huge amount of employment opportunity. The health and safety act of the employee has helped in reducing the accidents and the injury level in the organization, which have helped the employees to work effectively without diverting their attention. The equity pay act has been successful in equalising the differences between the men and the female employees however it is not practical in all the workplaces for example where a work environment where only strength is required the female candidates lack behind and in that case the equal pay rights is not justifiable (Guy & Fenley, 2014). Though all the act have been useful in making the work environment better and effective but all the acts have some shortcomings that may affect the organization. The acts need to be developed and implemented by proper planning so that the organization does not face any major issue in the implementation.  The implementation of the different acts in the work place needs the devising of the different policies by the organization. The policies must be devised in a way to aid the implementation of the acts and help in the equal distribution of the benefits to the employees.

Conclusion:

On a concluding note it can be said that the legislations in an organization where the union is not present, generally protects the employees in various aspects. The legislations are observed to bind the organization in the ethical practise regarding the health and safety of the employees and along with that the differences between the wages of the male and female employees are taken care by the legislations.

References:

Guy, M. E., & Fenley, V. M. (2014). Inch by inch: Gender equity since the Civil Rights Act of 1964. Review of Public Personnel Administration, 34(1), 40-58.

Holt, A. S. J., & Allen, J. (2015). Principles of health and safety at work. Routledge.

Kearns, E. C., Kaufmann, A. D., & McClelland, D. M. (Eds.). (2015). The Fair Labor Standards Act. Bloomberg BNA.

Miles, S. J., & Mangold, W. G. (2014). Employee voice: Untapped resource or social media time bomb?. Business Horizons, 57(3), 401-411.

Online.vitalsource.com. (2018). Bookshelf Online. Retrieved from https://online.vitalsource.com/#/user/signin

Rahim, M. A. (2017). Managing conflict in organizations. Routledge.


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