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National System of Employment Relations - Essay Example
Pages 9 (2259 words)
Employment relationship or industrial relations particularly refers to the legal relationship between the employer and the employee. Thus it's obvious that employment relationship creates a set of reciprocal rights and corresponding obligations on the part of the employer and the employee…
Thus employers are subject to a framework of rules and regulations that seek to ensure the obligations of employers to employees.
However the recent developments in the sphere of employment relationship have demonstrated that a number of new factors have forced both employers and employees to mutually agree on certain non-extant or poorly defined rules and regulations (Kelly, 1998). For instance when the labor law is ambiguous the employment relationship becomes much more individualistic. In other words when an employment relationship does not exist it is almost impossible to define the legal outcomes such as rights and obligations of the relationship. In such a situation the employer and the employee might develop a vague and individualistic employment relationship (Lindio-McGovern, 2003).
The same applies to triangular employment relationship in which the employee might sign the employment contract with the agency rather than with the end-user. In such a situation the employment relationship might become too individualistic. The same principle can be applied to the disguised employment relationship in which the employee is treated by the employer as a non-employee without the rights provided by law and therefore minus the legal obligations cast on the latter by labor legislation (Lee, 1996). In other words it is an individual arrangement between the employer and the employee.
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