Legal Protection for the Individual Employee Paper Example

Memorandum 1

The front cashier should go on and implement the new plan despite the employee trying to seek legal action against the plans. The front cashier can base their support on that the plan was mandatory for the survival of the business. Additionally, the management can support their idea when summoned in a court of law that the action had to be done for the larger interest of the organization.

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It is clear that the employee is unwilling to take up the new changes. She does not, however, explain her reasons for the denial. According to the professional ethics, a notification of changes in the organization has to be made (Kraakman, 2017). This was clearly done by the management. It's a good idea to always a good idea to explain to the workers about changes expected to be made. The employees are made to understand the need for the change and make it easier for them to get along with the change and in turn, support its implementation. It should also be made clear on the benefits they are likely to gain from the same. From this end, it would be difficult for the worker to have a solid ground in support of their claim as it gives the office in control a better advantage since all the set rules and procedures have been followed (Dau-Schmidt and Finkin, 2016). Once the employee lands the issue I court for a legal action to be taken against the organization, they will be on the better side of winning since the employee will be taken to be going against the company's provisions as they were made aware of each and every step to be taken and that the lady would not be part of the changes.

Memorandum 2

Every working business needs to monitor how the employees spent their time on company's machines which they are supposed to be using for doing activities assigned to them by the organization. This is important because the employees may be gathered in various geographical locations and there could be much time spent to monitor how they work. It would, therefore, be important to have software's installed in the machines to monitor the daily work that they are paid to do. An organization that does not end up doing so could end up making losses doing to some of the employees who may be addicted to social networking. Large organizations that schedule lots of shift workers will likely benefit from this to monitor employees who may be underworking and blaming on the others for poor performance.

Employee monitoring agents are installed on company's machines to enable them to trace into the operations of the workers. The agent who monitors also give an aggregate key information on the output of the employees. One of the critical ways in which this can be applied is in organizations that deal with financial, medical or personal information ensuring that they keep up with the rules as they look out for the employees. The software's are designed in various ways to suit the needs of the employers.

An incognito agent can be installed into a machine and act as an all-seeing eye. This tool has the ability to see everything that an employee is doing from applications that are open and even check what they are saying and to whom they are communicating with. It could also be used as logic that is automated such as keyword activations and set rules to let the administration take the necessary action. This is all possible by use of screenshots and customized employee screen recording options. Depending on the tool used to monitor the employees, the company administrators can configure settings to take screenshots at particular intervals of time. There also some of the tools that support live screen recording where the administrator may check into the life of an employee's machine and bring out the recording of a specific time and stamp it.

Majority of the screenshots contain metadata and may be incorporated throughout the monitoring dashboard to be used as supporting evidence against a person when pulled out to help in investigating and reviewing the performance of the employees.

These platforms of monitoring can also have a startling degree of detailed visibility into every application, message, file or even a written word or piece of data appears across on every screen of the employees. Most of the most progressive enterprise monitoring solutions gives optical recognition of character (OCR) on an employee's screen to do session collecting of specific keywords. Be it either by OCR or by allowing support to monitor particular desktop or web applications frequently used by employees, the most effective monitoring tool to be used on employee will analyse the email messages, instant messages and even chats or personal communication applications. They'll check all the parameters and even keyword that is specifically set by the admin. (Sezer et al., 2013).

Some of the employee monitoring tools could include Desktime Pro, ActivTrak, Hub staff, Teramind, InterGuard, Veriato360, StaffCop Enterprise, Time Doctor, VeriClock, and Work Examiner. For instance, Hub staff, VeriClock, Time Doctor are monitoring tools that offer added features for employee monitoring (Lindia, 2014). The applications give one a great working features for tracking and GPS tracking on mobile for workers that are out of office. In addition to that, photos and notes that are attached are also given and basically monitors the apps and the web addresses visited by the employees.

Memorandum 3

An employment contract is made in two copies that are identical to the employee and the other for the recruiting party. For this to be successful, various factor has to be put into consideration in the contract of employment recorded. To start with, the parties to the employment contract have to sign the written contract to act as a future-proof in case the employer decides to terminate the employee's contract. The starting date of work should be clearly indicated and also the duration for which the contract is to beheld if all the factors remain constant. This period of the contract is agreed upon by both parties in the signing of the contract of the employment. A probation period could also be agreed upon to monitor how the person contracted performs their job and should not exceed more than six months after which the employee enters into a fixed- term of employment. During the probation period, the employers monitor the employees to see if the work is suitable for them and how much they can perform. It is during this period that employers could terminate the contract of their employees but the grounds for the termination should not be discriminating.

The place of work should also be clearly indicated and also the duties and the responsibilities that will be assigned to the employees. When the employees are aware of their duties and responsibilities, it avoids conflict of interest which could occur when activities beyond their scope are assigned to the employees. The working hours should also be according to the act on working hours and an agreement that is collective. Their place of work is also key in ensuring that they are not shifted to various places for no valid reason. The employee's remuneration should also be highlighted and also its method of payment. This is agreed upon through signing an agreement that is collective. The employers should, therefore, ensure that they should not pay less than what is agreed upon in the agreement.

An employment contract that is valid expires after either the employers or employees period of notice. If an employer dismisses an employee's contract before time, they must ensure that they give valid reasons as for the dismissal. The Employment Contract Act specifies the reasons that are acceptable for dismissal. The employer and the employee should agree that these terms be put to the tables that there can be a mutual ground in case of changes that could be made in future by the administration (Harcourt, 2013).

Memorandum 4

An employee should always ensure they act according to all the regulations set by the organization at their workplace. An employee should report at their workstation at the time stipulated by the organization. In case of any sickness, they should communicate early enough so that prior arrangements should be made in order to have an employee stand in their position so that the activities do not come to a standstill (Deshpande, 2014).

It is not ethical for an employee to always keep claiming sickness to their lateness issues whenever asked. The employer should talk to the employee in question to ensure that their issues are addressed and that they are helped to ensure that such issues do not rise again the course of the business. It is therefore prudent for all employees to ensure that they have their issues raised whenever there is a board meeting with the administrators to ensure the smooth running of the organizational activities with no conflicts.

Memorandum 5

The senior manager, engineering, and design should be greatly concerned about the welfare of the workers in the department. He should to some extent consider sending the manager of the Product Development Lab on a compulsory leave to have an overhaul conducted on the remaining employees and to identify the issues that will be raised by the employees. Once the issues have been raised, the senior manager should have a panel set to examine the conduct of the manager of the Product Development Lab based on the issues raised by the employees under the department. The panel will come up with resolutions to which the issues can be solved to ensure that the business does not close because of poor performance.

Once it is determined that the problem lies with the manager of the product development lab, the management could have him stand aside to correct the mess. The management should also, in turn, talk to the manager of the lab and see if there could be any issues that could be affecting him that could have caused the mess. If the management is assured that he/ she will change their ways, the manager could consider reinstating them (Philipp, 2013). Failure to this, the management could consider demoting to their previous position where they performed best. Firing them should be considered as the last option when it is deemed that the situation will continue even after the necessary changes have been made.

References

Dau-Schmidt, K. G., Finkin, M., & Covington, R. (2016). Legal protection for the individual employee. West Academic.

Fu, W., & Deshpande, S. P. (2014). The impact of caring climate, job satisfaction, and organizational commitment on job performance of employees in a China's insurance company. Journal of Business Ethics, 124(2), 339-349.

Harcourt, M., Hannay, M., & Lam, H. (2013). Distributive justice, employment-at-will and just-cause dismissal. Journal of business ethics, 115(2), 311-325.

Kraakman, R., & Hansmann, H. (2017). The end of history for corporate law. In Corporate Governance (pp. 49-78). Gower.

Lindia, S. A., & Morfe, S. (2014). U.S. Patent No. 8,744,904. Washington, DC: U.S. Patent and Trademark Office.

Philipp, B. L., & Lopez, P. D. J. (2013). The moderating role of ethical leadership: Investigating relationships among employee psychological contracts, commitment, and citizenship behavior. Journal of Leadership & Organizational Studies, 20(3), 304-315.

Sezer, S., Scott-Hayward, S., Chouhan, P. K., Fraser, B., Lake, D., Finnegan, J., ... & Rao, N. (2013). Are we ready for SDN? Implementation challenges for software-defined networks. IEEE Communications Magazine, 51(7), 36-43.