National System of Employment Relations - Essay Example

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. Globalization a. The theoretical constructs on globalization have been varied and complex. This diversity has injected a considerable amount of controversy and conjecture into the current discourse on the subject though. While the underlying theoretical constructs basically refer to such parallel concepts as international free trade and financial movements there are other related concepts too. Thus it must be noted globalization has reduced the importance of employee relations in the context of global environment (Kaufman, 2004).

The legal relationship between the employer and the employee defines the very essence of the employment relationship. However it has been pointed out by critics that the existing labor legislation and social security provisions do not adequately cover up the requirements of employees. In fact the employment relationship has become more or less an individual arrangement devoid of universal contractual obligations as found in International Labor Organization's (ILO) documents (www.ilo.org).

This phenomenon has acquired a new dimension under different disguises and ruses adopted by employers and imposed on unsuspecting employees. The former tends to arrange an individualistic relationship with the latter on the basis of immediate benefits of employment while the latter agrees more or less due to personal compulsions. Employment relationship ensures the availability of a number of rights and obligations to the employee and imposes some obligations on the employer. In the same manner it imposes some obligations on the employee and grants a right to the employer to obtain the service of labor of the employee.