Human Resources Assignment

The field of human resource management is influenced by both state and federal legislation. Employment, legislation, and other functions and aspects of human resource management must all be governed by the law. Recruitment, growth, training, placements, and other developmental processes of workers and the company are among the human resource management bodies' main goals (Bartley et al. 2014, p. 505). The civil rights act of 1964 is an essential piece of legislation that affects business functions. Employers who discriminate against workers based on sex, race, religion, or even nationality are subject to these laws. The act forces the employees to follow and adhere to best practices in the company about pay, benefits, hiring as well as other activities in the enterprise. Most of the companies have a legal department, which is in charge of enforcing the laws (Bruyere, 2010, p. 210). Any individual who works contrary to the law undergoes punishment by the enforcing body. Another legal law that complements the above is the equal pay act of 1963, in which every employee has the right to equal pay about the job description. Therefore, it is evident that as a company various legislations and laws govern the development and wellbeing of the human resource management (Dabos and Rousseau, 2014, p. 52). The paper, therefore, seeks to address several laws about illustrations granted to mitigate and solve conflicts in a company set up.
Situation encountered by the company
The principal Act provides mandatory annual employee payments of bonus to all the eligible employees. The act well fits businesses that have twenty of more employees. The bonus payment uses several criteria based on the period that the employees have been in a company. It also uses the amount of salary or wage that the employees receive annually. Moreover, any employee who has been with the company for more than thirty days in a financial year is eligible to receive the bonuses (Dickens and Hall, 2006, p. 340). Through the process of merging the eligibility limit of the ultimate Act, the Act has widened the scope of employees who are eligible for payment of bonus. That is to mean that any bonus payable to an employee need to be in the proportion of his or her salary. The employer has to ensure to have a vast and well-elaborated means of sharing the bonus payments among the employees. The intention of paying bonuses to the employees is to improve their level at which the employees work in the company. That is to mean it enhance the motivational standard of the employees in a company hence increased productivity (Ferner t al. 2015, p. 315). Any business that does do not have the capacity to pay bonuses to his employees are working against the principle of bonus act.
A company cannot be in a position to pay off his workers the required amount of bonuses due to several challenges some of which are managerial related issues. Some of the companies lack an exemplary channel of delivering the necessary sum of money to the employees. There is a need for the business to come up with a viable strategy that will ensure that the available amount of bonuses is shared among the company’s employees (Gregory, 2010, p. 650). Most of the companies use the idea of performance metrics in this case. Therefore, lack of an excellent plan for sharing the bonuses can hinder the company from sharing the bonuses. Moreover, the action of bonus payment is also hinder by mismanagement of funds in the business. The company may be a great investor earning lots of money, but at the end of the year, the employees may lack an opportunity to share in the joy of improved productivity due to mismanagement of funds in the company (Reynolds, 2007, p. 106). Therefore, the top management needs to collect decisions from the employees on the best ways of sharing bonus in the company to improve the employees’ performances and limit conflict among the members.
Solutions at the beginning
There are possibilities of changing the scenario in which the corporation cannot pay bonus. Most of the interventions measures relate to employment variations and the employment terms concerning employment laws. It is essential to implemented changes at the very beginning of the crisis in the company. It is evident that the corporation has not implemented any act of principle to guide their level of bonus payments to their employees (Rousseau and Schalk, 2010, p. 100). Most of the ultimate solution that occurs at the beginning relates to the adoption of principles that well adheres and explains the best level and strategies of paying bonuses to the employees. Most of the company’s audit reports illustrate on working within the set mitigation measures to reduce the effects. However, it is evident that the changes rely on three main criteria. In most cases, the contract terms allow the management to make changes that well suits the condition of the company based on bonus payments. The changes are meant to achieve positive outcomes of the actions taken by the management of the business (Stone, 2013, p. 5). Furthermore, the changes need to fit both the desires of the group and fit in the decisions and ideas of the employees in the implementation of a good employment strategy. For the changes to occur, it means analysis has been to ensure that they have positive implications towards the achievement of the company’s goals. Often, the changes help in reducing the negative impacts that reduce the productivity level of a given company’s performance. Creativity and innovative minds are important in this case to end up with the most viable instances and cases of allocating bonuses to the enterprise.
Moreover, making the changes that may affect the effectiveness of the company is not enough to solve the problems about bonus payment. The changes are passed to the employees to seek their views on the ideas implemented and discussed. Communicating to the employees based on the changes made and the reasons for making the changes as well as the benefits and the advantages that they are entitled to when the changes are implemented in the company’s policies and approaches to dealing with the employees (Vettori, 2011, p. 180). Moreover, the communication processes should use well elaborate and viable language that is straightforward and clear by every individual in the company included in non-skilled workers. In several cases, the company fails to pass out its changes to the employees due to the use of the wrong procedures and processes of passing the changes. Moreover, some managements does not take time in illustrating and elaborating the changes to the employees before the actual implementation.
Moreover, after the approval of the changes by the employees of the company, there is need to amend the written document of the principles and policies involved in the process of lessening the struggle of indicating and illustrating the procedures used for division of bonuses. Most of the written amendments should work well to fit the desires of the employees and the constraints of the budget (Stone, 2011, p. 160). In most organizations, the amended document works as a written reference to an issue about errors and problems associated with criteria of sharing bonuses. The company needs to document the amendment well to have a comprehensive document that could well guide their wellbeing. Apart from illustrating the strategies of sharing, the document should be well composed of the measures that could be taken or deny an individual from getting a desirable bonus from the company.
Employment law that suggests solutions to the problem
With an idea of instilling change in the business based on bonus sharing and allocation, there is need to employ the use of employment laws that govern and illustrate the use. Moreover, since there are categories of employees in the company, the old and the new members, the employment laws should take care of the two contracts. Early employees refer to the employees that have worked in the company over five years, while the new embers are the people who recently joined the organization (Bartley et al. 2014, p. 504). The two categories do not have the same share of bonus. The difference arises because the old employees are knowledge and understand the strategies that they need to implement to achieve desirable results. That is to mean their performance level is much higher. Since bonus sharing has a direct correlation to the performance level, the senior employees will then receive the greatest share. On the other side, the new joiners are categorized with limited skills and do not have a proper understanding of the job. They have to depend on the senior employees to achieve best results (Dicken and Hall, 2006, p. 355). Therefore, there is need to ensure that the company has different employment laws that could well govern and illustrate the process of sharing the bonuses.
In honor to the old member’s contract, the company is stable financially and can pay money to the employees about their performance level. Each member this year will receive their full bonus to indicate how best they can attain the trust of their employees and find out ways of maintaining (Ferner et al. 2015, p. 310). The finance department will have to allocate some funds to cater for employee bonus payment, as it is a source of increased productivity levels. That is to mean that next year the organization will have better grounds to influence their employees’ hard work to illustrate a greater productivity to the company.
If the company insist on changing, the employees that resist changes will have to undergo constructive dismissal from the enterprise. The change is for the good of both the company as well as the individual employees. A constructive dismissal refers to the situation in which an employee is forced to leave their job against their will since the does not follow the employer’s conduct. However, before the dismissal, there is need to consider and find out whether the changes were unreasonable implemented without the consent of the employees. (Gregory, 2010, p. 680) It is, therefore, necessary to ensure that the company informs their employees on the changes made so that in the event of refusal the company does get involved in the adverse effects the individual has to incur. Before the changes and occurrence of the constructive dismissal, the employees can, however, be subjected to reduced rates of bonuses if the performance level does not accumulate to the desired capacity (Reynolds, 2007, p. 115). In such a case, the employees will have either leave the job or work much harder to get a reasonable amount of bonus or rather stay in the same position as other employees are enjoying their bonus rates. Constructive dismissal can also occur if the old timers refuse to sign the new bonus-sharing contract. It will lead to termination of the contract of employment.
The human resource management should consider preparing for the cessation of the employment contract of their employees at any given time. The human resource management should consider having a developed human resource policy and employment legislation that will guide them in any cause of termination of labor contract (Dabos and Rousseau, 2014, p. 52). The policies and the procedures, as well as the legislations, will work as mitigation measures towards the effects that the company may face in case of policies and legislation.
In conclusion, it is evident that the human resource section in a company should have several acts, policies, and legislations to guide and govern their functions and mandates in an enterprise. Most of the organization fails due to lack of the legislations that protects the company and the employees based on the mitigation measures that they might face. In so doing, the human resource management should be keen in ensuring implementation and coordination of the policies with their functions for effective results.
References
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Bruyere, S. M. (2010). Disability employment policies and practices in private and federal sector organizations.
Dabos, G. E., & Rousseau, D. M. (2014). Mutuality and reciprocity in the psychological contracts of employees and employers. Journal of Applied Psychology, 89(1), 52.
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Ferner, A., Almond, P., & Colling, T. (2015). Institutional theory and the cross-national transfer of employment policy: The case of ‘workforce diversity in US multinationals. Journal of International Business Studies, 36(3), 304-321.
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Stone, R. J. (2013). Managing human resources. John Wiley and Sons.
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