{"id":117,"date":"2017-04-24T20:39:13","date_gmt":"2017-04-25T00:39:13","guid":{"rendered":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/?post_type=chapter&p=117"},"modified":"2017-05-05T18:31:16","modified_gmt":"2017-05-05T22:31:16","slug":"11-2-employee-rights","status":"publish","type":"chapter","link":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/chapter\/11-2-employee-rights\/","title":{"raw":"11.2\u00a0Employee Rights","rendered":"11.2\u00a0Employee Rights"},"content":{"raw":"
\r\n
\r\n

Learning Objectives<\/h3>\r\nBy the end of this section, you will be able to:\r\n
    \r\n \t
  1. Be able to explain employee rights.<\/li>\r\n \t
  2. Define unions and explain their relation to the HRM function.<\/li>\r\n<\/ol>\r\n<\/div>\r\nEmployee rights is defined as the ability to receive fair treatment from employers. This section will discuss employee rights surrounding job protection, privacy, and unionization.\r\n\r\nConstructive\u00a0dismissal\u00a0means the employee resigned, but only because the work conditions were so intolerable that he or she had no choice. This usually involves either intimidation, manipulation, or changing the employment contract without sufficient notice. For instance, changing an employee\u2019s title or status, or hours of work, could be considered constructive dismissal. If the courts find that an employee was constructively dismissed, the employer will be liable for a severance package and potentially punitive damages as well.\r\n

    Privacy Rights<\/h2>\r\nTechnology makes it possible to more easily monitor aspects of employees\u2019 jobs, although a policy on this subject should be considered before implementing it. In regard to privacy, a question exists whether an employer should be allowed to monitor an employee\u2019s online activities. This may include work e-mail, websites visited using company property, and also personal activity online.\r\n\r\nDigital Footprints, Inc. is a company that specializes in tracking the digital movements of employees and can provide reports to the organization by tracking these footprints. This type of technology might look for patterns, word usage, and other communication patterns between individuals. This monitoring can be useful in determining violations of workplace policies, such as sexual harassment. This type of software and management can be expensive, so before launching it, it\u2019s imperative to address its value in the workplace.\r\n\r\nAnother privacy concern can include monitoring of employee postings on external websites. Companies such as Social Sentry, under contract, monitor employee postings on sites such as Facebook, Twitter, LinkedIn, and YouTube.\u00a0[4]\u00a0Lawyers warn, however, that this type of monitoring should only be done if the employee has consented.\u00a0[5]\r\n\r\nEmployees have a right to see their personnel files and the right to see and correct any incorrect information within their files.\r\n\r\n[caption id=\"attachment_570\" align=\"aligncenter\" width=\"600\"]\"\"<\/a> Figure 11.3<\/strong> Sample Policies on Privacy Relating to Technology[\/caption]\r\n\r\n
    \r\n\r\nCONSTRUCTIVE\u00a0DISMISSAL\u00a0means the conditions are so poor that the employee had no choice but to leave the organization\r\n\r\nThe privacy of employees is an issue that HR must address. It is prudent to develop policies surrounding what type of monitoring may occur within an organization. For example, some organizations monitor e-mail, computer usage, and even postings on social network sites.\r\n\r\n<\/div>\r\n\r\n
    \r\n\r\n[4]\u00a0Teneros Corporation, \u201cSocial Sentry Lets Employers Track Their Workers across the Internet,\u201d accessed March 17, 2011,    http:\/\/www.readwriteweb.com\/archives\/social_sentry_track_employees_across_the_web.php<\/a>.\r\n\r\n[5]\u00a0People Management, \u201cEmployers Should Have Monitoring Policy for Social Networks,\u201d accessed March 17, 2011,http:\/\/www.peoplemanagement.co.uk\/pm\/articles\/2011\/02\/employers-should-have-monitoring-policy-for-social-networks.htm<\/a>.\r\n\r\n[6]\u00a0Rodney Ho, \u201cChadd Scott Said He Was Fired for Tweets about Delta,\u201d\u00a0Access Atlanta\u00a0(blog), accessed March 16, 2011,\u00a0http:\/\/blogs.ajc.com\/radio-tv-talk\/2011\/03\/15\/680the-fans-chadd-scott-said-he-was-fired-for-tweets-about-delta-airlines\/?cxntlid=thbz_hm<\/a>.\r\n\r\n[7]\u00a0US Equal Employment Opportunity Commission, \u201cThe ADA, Your Responsibilities as an Employer,\u201d accessed August 1, 2011,\u00a0http:\/\/www.eeoc.gov\/facts\/ada17.html<\/a>.\r\n\r\n[9]\u00a0John Hughes, \u201cYou\u2019re Fired Doesn\u2019t Mean Fired to Four of 10 Air Traffic Controllers,\u201dBloomberg News, July 24, 2011, accessed August 1, 2011,http:\/\/www.bloomberg.com\/news\/2011-07-25\/-you-re-fired-doesn-t-mean-fired-to-four-of-10-air-controllers.html<\/a>.\r\n\r\n<\/div>","rendered":"
    \n
    \n

    Learning Objectives<\/h3>\n

    By the end of this section, you will be able to:<\/p>\n

      \n
    1. Be able to explain employee rights.<\/li>\n
    2. Define unions and explain their relation to the HRM function.<\/li>\n<\/ol>\n<\/div>\n

      Employee rights is defined as the ability to receive fair treatment from employers. This section will discuss employee rights surrounding job protection, privacy, and unionization.<\/p>\n

      Constructive\u00a0dismissal\u00a0means the employee resigned, but only because the work conditions were so intolerable that he or she had no choice. This usually involves either intimidation, manipulation, or changing the employment contract without sufficient notice. For instance, changing an employee\u2019s title or status, or hours of work, could be considered constructive dismissal. If the courts find that an employee was constructively dismissed, the employer will be liable for a severance package and potentially punitive damages as well.<\/p>\n

      Privacy Rights<\/h2>\n

      Technology makes it possible to more easily monitor aspects of employees\u2019 jobs, although a policy on this subject should be considered before implementing it. In regard to privacy, a question exists whether an employer should be allowed to monitor an employee\u2019s online activities. This may include work e-mail, websites visited using company property, and also personal activity online.<\/p>\n

      Digital Footprints, Inc. is a company that specializes in tracking the digital movements of employees and can provide reports to the organization by tracking these footprints. This type of technology might look for patterns, word usage, and other communication patterns between individuals. This monitoring can be useful in determining violations of workplace policies, such as sexual harassment. This type of software and management can be expensive, so before launching it, it\u2019s imperative to address its value in the workplace.<\/p>\n

      Another privacy concern can include monitoring of employee postings on external websites. Companies such as Social Sentry, under contract, monitor employee postings on sites such as Facebook, Twitter, LinkedIn, and YouTube.\u00a0[4]\u00a0Lawyers warn, however, that this type of monitoring should only be done if the employee has consented.\u00a0[5]<\/p>\n

      Employees have a right to see their personnel files and the right to see and correct any incorrect information within their files.<\/p>\n

      \"\"<\/a>
      Figure 11.3<\/strong> Sample Policies on Privacy Relating to Technology<\/figcaption><\/figure>\n
      \n

      CONSTRUCTIVE\u00a0DISMISSAL\u00a0means the conditions are so poor that the employee had no choice but to leave the organization<\/p>\n

      The privacy of employees is an issue that HR must address. It is prudent to develop policies surrounding what type of monitoring may occur within an organization. For example, some organizations monitor e-mail, computer usage, and even postings on social network sites.<\/p>\n<\/div>\n

      \n

      [4]\u00a0Teneros Corporation, \u201cSocial Sentry Lets Employers Track Their Workers across the Internet,\u201d accessed March 17, 2011,http:\/\/www.readwriteweb.com\/archives\/social_sentry_track_employees_across_the_web.php<\/a>.<\/p>\n

      [5]\u00a0People Management, \u201cEmployers Should Have Monitoring Policy for Social Networks,\u201d accessed March 17, 2011,http:\/\/www.peoplemanagement.co.uk\/pm\/articles\/2011\/02\/employers-should-have-monitoring-policy-for-social-networks.htm<\/a>.<\/p>\n

      [6]\u00a0Rodney Ho, \u201cChadd Scott Said He Was Fired for Tweets about Delta,\u201d\u00a0Access Atlanta\u00a0(blog), accessed March 16, 2011,\u00a0http:\/\/blogs.ajc.com\/radio-tv-talk\/2011\/03\/15\/680the-fans-chadd-scott-said-he-was-fired-for-tweets-about-delta-airlines\/?cxntlid=thbz_hm<\/a>.<\/p>\n

      [7]\u00a0US Equal Employment Opportunity Commission, \u201cThe ADA, Your Responsibilities as an Employer,\u201d accessed August 1, 2011,\u00a0http:\/\/www.eeoc.gov\/facts\/ada17.html<\/a>.<\/p>\n

      [9]\u00a0John Hughes, \u201cYou\u2019re Fired Doesn\u2019t Mean Fired to Four of 10 Air Traffic Controllers,\u201dBloomberg News, July 24, 2011, accessed August 1, 2011,http:\/\/www.bloomberg.com\/news\/2011-07-25\/-you-re-fired-doesn-t-mean-fired-to-four-of-10-air-controllers.html<\/a>.<\/p>\n<\/div>\n","protected":false},"author":68,"menu_order":3,"template":"","meta":{"pb_show_title":"on","pb_short_title":"","pb_subtitle":"","pb_authors":[],"pb_section_license":""},"chapter-type":[],"contributor":[],"license":[],"class_list":["post-117","chapter","type-chapter","status-publish","hentry"],"part":364,"_links":{"self":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapters\/117","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapters"}],"about":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/wp\/v2\/types\/chapter"}],"author":[{"embeddable":true,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/wp\/v2\/users\/68"}],"version-history":[{"count":4,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapters\/117\/revisions"}],"predecessor-version":[{"id":700,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapters\/117\/revisions\/700"}],"part":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/parts\/364"}],"metadata":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapters\/117\/metadata\/"}],"wp:attachment":[{"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/wp\/v2\/media?parent=117"}],"wp:term":[{"taxonomy":"chapter-type","embeddable":true,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/pressbooks\/v2\/chapter-type?post=117"},{"taxonomy":"contributor","embeddable":true,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/wp\/v2\/contributor?post=117"},{"taxonomy":"license","embeddable":true,"href":"https:\/\/pressbooks.bccampus.ca\/hrm1stcanadianedition\/wp-json\/wp\/v2\/license?post=117"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}