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Inequality and Discrimination in Employment - Essay Example

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The government in its mandate to promote and ensure the well being of its people, enacts labour legislations which are intended to protect the worker from the stronger and to correct the injustices that are inherently present in the employer-employee relationship. As such, these labour legislations provide the set of restrictions upon the worker in his relationship with the employer and vice-versa in order to maintain industrial peace and harmony, consequently promoting industrial democracy.
In the same way, these labour legislations are designed to look more on the immediate results of the employer-employee relationship. These are the body of rules and principles which governs the relationship between labour and management in the collective on the one hand and the principles of determining the rights and liabilities consequential to the individual relationship of employer and employees. When the conflicting interests of labour and capital are weighed down, the heavier influence of capital must be counterbalanced by the compassion and sympathy accorded to the worker. This is only fair if the worker is given the opportunity and the right to assert and defend his claim, not as a subordinate but also as a peer of management, with which he can negotiate on even plane. And these can be done and addressed before an employment tribunal.
This essay will examine the most common forms of inequality and discrimination in the work place. In line with this, this paper will use the relevant laws which address the inequality and discrimination at work and will correspondingly answer the question as to whether or not legislation by itself can make no real impact on inequality and discrimination in employment.
As an active member of the country's work force, employees are guaranteed of their rights at work. These rights can be derived from the employee's statutory rights which are the legal rights the basis thereof are the laws passed by Parliament, amongst these rights are the following: Rights to pay which includes the minimum national wage, information on the deductions of his wages, Holiday pay and paid time off for redundancy or for study or training as well as for ante natal care, paid paternity, and maternity leave as well as the paid adoption leave among others. The same also includes Health and Safety, Harassment and Discrimination, Right to organize and join a union among the many other rights assured by the laws. Aside from the foregoing, employees are also protected by the rights conferred to him or her under the contract of employment. The contract of employment is made between the employer and the employee. This could be in the form of a written agreement or what has been agreed verbally between them.
In addition, the contract of employment will also include 'custom and practice' agreements. These are how things are usually done in the workplace. (Basic Rights at Work n.d.) Amongst those included in the Employment contract are the following: Job title, wages, hours of work, holiday entitlement, sick pay, pension schemes, notice, and grievance, dismissal and disciplinary procedures.
Discrimination is commonly referred to as the unequal ...Show more
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Summary

Employees over the years claim their rights and pursue their interest in the pursuit of equality in terms of employment opportunities so as to be accorded with due process of law in order to redress their claims and grievances against their employers, and as such, labour legislations were enacted to reconcile the differences between the employers and the employees and more importantly to ensure industrial peace among them, since both labour and capital are indispensable to the economy of a nation.
Author : ashlynnmcdermot
Inequality and Discrimination in Employment
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