INTERNAL EMPLOYEE RELATIONS Chapter 13 © 2011 Cengage Learning. All rights reserved. May not be...
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Transcript of INTERNAL EMPLOYEE RELATIONS Chapter 13 © 2011 Cengage Learning. All rights reserved. May not be...
INTERNAL INTERNAL EMPLOYEE EMPLOYEE RELATIONSRELATIONSChapter 13Chapter 13
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–1
Internal Employees Internal Employees Relations DefinedRelations Defined
Human resource activities associated with Human resource activities associated with movement of employees within firm after movement of employees within firm after they become organizational membersthey become organizational members
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© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–3
Employee Rights and ResponsibilitiesEmployee Rights and Responsibilities• RightsRights
That which belongs to a person by law, nature, or That which belongs to a person by law, nature, or tradition.tradition.
• ResponsibilitiesResponsibilities Obligations to perform certain tasks and duties.Obligations to perform certain tasks and duties.
• Statutory RightsStatutory Rights Rights based on specific laws and statutes passed by Rights based on specific laws and statutes passed by
federal, state, and local governments.federal, state, and local governments.Equal employment opportunityEqual employment opportunityCollective bargainingCollective bargainingWorkplace safetyWorkplace safety
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–4
Contractual RightsContractual Rights• Contractual RightsContractual Rights
Rights based on a specific contract between Rights based on a specific contract between employer and employee.employer and employee.
• Employment ContractEmployment Contract An agreement that formally outlines the details of An agreement that formally outlines the details of
employment.employment.
• Implied ContractImplied Contract The idea that a contract exists between the employer The idea that a contract exists between the employer
and the employee based on the implied promises of and the employee based on the implied promises of the employer.the employer.
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–5
Contractual Rights (cont’d)Contractual Rights (cont’d)• Non-Compete AgreementsNon-Compete Agreements
Prohibit individuals who quit from competing with an Prohibit individuals who quit from competing with an employer in the same line of business for a specified employer in the same line of business for a specified period of time.period of time.
Non-piracy agreements
Non-solicitation of current
employees
Intellectual property and trade secrets
Employment Contract Clauses
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–6
Contractual Rights (cont’d)Contractual Rights (cont’d)• Employer’s Intellectual Property Rights:Employer’s Intellectual Property Rights:
The right to keep trade secrets confidentialThe right to keep trade secrets confidential The right to have employees bring business The right to have employees bring business
opportunities to the employer first before pursuing opportunities to the employer first before pursuing them elsewherethem elsewhere
A common-law copyright for works and other A common-law copyright for works and other documents prepared by employees for their documents prepared by employees for their employersemployers
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–7
Employee Rights and Personal Employee Rights and Personal BehaviorBehavior
Body Appearance
An employer can place legitimate job-related
limits on an employee’s personal at-work
appearance such as tattoos and body
piercings.
Off-Duty Behavior
An employer can discipline an employee if
the employee’s off-the-job behavior puts the
company in legal or financial jeopardy.
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–8
Balancing Employer Security Balancing Employer Security and Employee Rightsand Employee Rights
Workplace Monitoring
• Monitoring e-mail and voicemail
• Conducting video surveillance at work
• Monitoring employee performance
Employer Investigations
• Conducting work-related investigations
• Employee theft
• Honest and polygraph tests
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–9
HR Policies, Procedures, and RulesHR Policies, Procedures, and Rules
Policies
General guidelines that focus
organizational actions.
“Why we do it”
Procedures
Customary methods of handling activities
“How we do it”
Rules
Specific guidelines that regulate and
restrict the behavior of individuals.
“The limits on what we do”
Employee Rights
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–10
Employee MisconductEmployee Misconduct
Sample
Sample
Sample
SampleSample
Sample
SampleSample
Illegal Drug Use
Falsification of Documents
Misuse of Company Funds
Disclosure of Organizational
Secrets
Workplace Violence
Employment Harassment
Employee Theft
Types ofEmployee Misconduct
Internal Employee Internal Employee Relations ActivitiesRelations Activities
• DisciplineDiscipline• TerminationTermination• DownsizingDownsizing• DemotionDemotion• TransferTransfer• PromotionPromotion• ResignationResignation• Retirement Retirement
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Discipline and Disciplinary ActionDiscipline and Disciplinary Action
• Discipline: Discipline: State of employee self-State of employee self-control and orderly conduct control and orderly conduct
• Disciplinary action: Disciplinary action: Invokes penalty Invokes penalty against employee who fails to meet against employee who fails to meet established standardsestablished standards
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Disciplinary ActionDisciplinary Action
• Word Word discipline discipline comes from word comes from word disciple disciple
Translated from Latin, it means Translated from Latin, it means to to teach teach
• Intent should be to ensure recipient sees Intent should be to ensure recipient sees disciplinary action as learning process disciplinary action as learning process
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Effective Disciplinary Action Effective Disciplinary Action
• Addresses employee’s wrongful behavior, Addresses employee’s wrongful behavior, not employee as a personnot employee as a person
• Should not be applied haphazardlyShould not be applied haphazardly
• Not usually management’s initial response Not usually management’s initial response to a problem to a problem
• Normally are more positive ways of Normally are more positive ways of convincing employees to adhere to convincing employees to adhere to company policies company policies
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The Disciplinary Action ProcessThe Disciplinary Action Process
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Set Organizational Goals
Establish Rules
Communicate Rules to Employees
Take Appropriate Disciplinary Action
Observe Performance
Compare Performance with Rules
EXTERNAL ENVIRONMENT
INTERNAL ENVIRONMENT
Progressive Disciplinary Action Progressive Disciplinary Action
• Ensures minimum penalty appropriate to offense Ensures minimum penalty appropriate to offense is imposed is imposed
• Model developed in response to National Labor Model developed in response to National Labor Relations Act of 1935 Relations Act of 1935
• Involves answering series of questions about Involves answering series of questions about severity of offense severity of offense
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The Progressive Disciplinary ApproachThe Progressive Disciplinary Approach
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Improper Behavior
Does this violation warrant disciplinary actions?
Does this violation warrant more than an oral warning?
Does this violation warrant more than a written warning?
Does this violation warrant more than a suspension?
Termination
Yes
Yes
Yes
Yes
Yes
No Disciplinary Action
Oral Warning
Written Warning
Suspension
No
No
No
No
Suggested Guidelines for Disciplinary Suggested Guidelines for Disciplinary ActionAction
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Offenses Requiring First, an Oral Warning; Second, a Written Warning; and Third, Termination
Negligence in the performance of duties Unauthorized absence from job Inefficiency in the performance of job
Offenses Requiring a Written Warning; Second, Termination
Sleeping on the job Failure to report to work one or two days in a row without notification Negligent use of property
Offenses Requiring Immediate Termination
Theft Fighting on the job Falsifying time cards Failure to report to work three days in a row without notification
Disciplinary Action AdviceDisciplinary Action Advice
• Managers often avoid disciplinary action, Managers often avoid disciplinary action, even when it is in company’s best interest even when it is in company’s best interest
• Many supervisors may be too lenient early Many supervisors may be too lenient early in disciplinary action process and too strict in disciplinary action process and too strict later later
• Proper time and place to administer Proper time and place to administer disciplinary action is crucialdisciplinary action is crucial
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© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–20
Organizational culture of avoiding discipline
Lack of support by higher
management
Fear of lawsuits
Avoidance of time loss
Guilt about past behavior
Fear of loss of friendship
Reasons Why Managers
Might Not Use Discipline
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–21
Employee Discipline (cont’d)Employee Discipline (cont’d)
Positive Discipline
1. Counseling2. Written Documentation3. Final Warning (decision
day-off)4. Discharge
Progressive Discipline
1. Verbal Caution2. Written Reprimand3. Suspension4. Discharge
Approaches to Discipline
© 2011 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible Web site, in whole or in part. 15–22
FIGURE 15–9 Progressive Discipline Process
Trends & Innovations: Emotional Trends & Innovations: Emotional Intelligence Needed in Disciplinary Intelligence Needed in Disciplinary Action Action
• Ability to recognize and manage emotionsAbility to recognize and manage emotions• Capacity for recognizing own feelings and those Capacity for recognizing own feelings and those
of othersof others• Quality needed in disciplinary action Quality needed in disciplinary action
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Emotional IntelligenceEmotional IntelligenceDaniel GolemanDaniel Goleman
The Four Branches of Emotional The Four Branches of Emotional IntelligenceIntelligence
1.1. the perception of emotion, the perception of emotion,
2.2. the ability reason using emotions, the ability reason using emotions,
3.3. the ability to understand emotionthe ability to understand emotion
4.4. the ability to manage emotions.the ability to manage emotions.
Perceiving EmotionsPerceiving Emotions
The first step in understanding emotions is to The first step in understanding emotions is to accurately perceive them. In many cases, this accurately perceive them. In many cases, this might involve understanding nonverbal signals might involve understanding nonverbal signals such as body language and facial expressions.such as body language and facial expressions.
Reasoning With EmotionsReasoning With Emotions
The next step involves using emotions to promote The next step involves using emotions to promote thinking and cognitive activity. Emotions help thinking and cognitive activity. Emotions help
prioritize what we pay attention and react to; we prioritize what we pay attention and react to; we respond emotionally to things that garner our respond emotionally to things that garner our
attention.attention.
Understanding EmotionsUnderstanding Emotions
The emotions that we perceive can carry a wide The emotions that we perceive can carry a wide variety of meanings. If someone is expressing variety of meanings. If someone is expressing
angry emotions, the observer must interpret the angry emotions, the observer must interpret the cause of their anger and what it might mean. For cause of their anger and what it might mean. For
example, if your boss is acting angry, it might example, if your boss is acting angry, it might mean that he is dissatisfied with your work; or it mean that he is dissatisfied with your work; or it
could be because he got a speeding ticket on his could be because he got a speeding ticket on his way to work that morning or that he's been way to work that morning or that he's been
fighting with the spouse.fighting with the spouse.
Managing EmotionsManaging Emotions
The ability to manage emotions effectively is a The ability to manage emotions effectively is a key part of emotional intelligence. Regulating key part of emotional intelligence. Regulating
emotions, responding appropriately and emotions, responding appropriately and responding to the emotions of others are all responding to the emotions of others are all important aspect of emotional managementimportant aspect of emotional management
Downsizing Downsizing
• Also known as Also known as restructuringrestructuring and and rightsizingrightsizing
• Reverse of company growthReverse of company growth
• Suggests one-time change in organization Suggests one-time change in organization and number of people employed and number of people employed
• Both organizational structure and number Both organizational structure and number of people in organization shrink for purpose of people in organization shrink for purpose of improving organizational performance of improving organizational performance
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Negative Aspects of Downsizing Negative Aspects of Downsizing
• Natural grieving period; desire to go back to way Natural grieving period; desire to go back to way things used to be things used to be
• Layers removed, making advancement in Layers removed, making advancement in organization more difficult organization more difficult
• Workers may seek better opportunities, fearing Workers may seek better opportunities, fearing they may be in line for layoffs they may be in line for layoffs
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Negative Aspects of Negative Aspects of Downsizing (Cont.) Downsizing (Cont.)
• Employee loyalty significantly reduced Employee loyalty significantly reduced • Institutional memory lostInstitutional memory lost• Remaining workers required to do more Remaining workers required to do more • When demand for products or services returns, When demand for products or services returns,
firm may realize it has cut too deepfirm may realize it has cut too deep
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Ombudsperson Ombudsperson
• Complaint officer with access to top Complaint officer with access to top management management
• Hears employee complaints, investigates, Hears employee complaints, investigates, and recommends appropriate action and recommends appropriate action
• Impartial, neutral counselor who gives Impartial, neutral counselor who gives employees confidential advice employees confidential advice
• Typically independent of line management Typically independent of line management and reports near or at top of organization and reports near or at top of organization
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A Global Perspective: Administering A Global Perspective: Administering Disciplinary Action in the Global Disciplinary Action in the Global EnvironmentEnvironment• Moving into international arena, often Moving into international arena, often
presents different disciplinary action presents different disciplinary action situationssituations
• Much harder to terminate person in Much harder to terminate person in Europe than in North America Europe than in North America
• Difficult for global company to establish Difficult for global company to establish standardized policy on disciplinary actionstandardized policy on disciplinary action
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